Rent issues!!!

Okay A friend of mine is renting a home in georgia he just found out that his landlord has not been paying the mortgage for like 2 or 3 months. He does not have a lease agreement any longer ( expired) and has been paying month to month since april i think. His landlord basically gave him 30 days to move out due to pending foreclosure is this legal? Can he take his money and not pay the mortgage?

I don't know if it is legal or not, but it has been happening a lot in many areas.

Since he does not have a lease agreement I dont think there is anything he can do because he is basically renting for each month he lives there. Now if his landlord took payment for the final month and then asked him to leave 5 days later that would have to be illegal. I have a rental property and I wouldnt do that to some one I would just think it would be morally and ethicaly wrong but legal IDK.

Yes, I believe it is legal. There is no binding lease agreement, so the tenant is basically going month-to-month, as long as he gets his 30-day notice to vacate, the landlord hasn't done anything wrong in the eyes of the law, he has no obligation to continue allowing him to live there, forclosure or no forclosure. Can he take the rent money and not pay the mortgage, yes, he can do that too, as long as he's not taking payment for services that aren't rendered. (For example, he'd be in the wrong if he took next month's rent and the next day the place forclosed and the tenant was out of a home, but he's taking the $, and the tenant gets to live in the home, no harm, no foul, except to the bank, not the tenant.)

Sorry, the situation sucks for your friend, but could have been much worse, there are cases of people who take money for advance rent or someone with a signed lease who find out when the sherrif comes knocking on the door that the place has been foreclosed by the bank, so at least he has the notice and hasn't paid for rent in advance and then still was out on the streets.

Also another worse case, an entire apartment complex in Columbus Oh recently had their water shut off because the landlord wasn't paying the utilities, which were part of the rental agreement, and the water company refused to turn the water back on because they owed tens of thousands of dollars, so the poor tenants had no water and are going to have to take their landlord to court, but in the meantime they are screwed! Just saw this on the news the other day, so don't know if it resolved.

Thats what I was afraid of. Well at least he gave him a 30 day notice and did not charge him for the month considering that my friend has not been the best of tenants to say the least.

The only thing that is weird is that he has not received any papers on his door from the sheriff dept regarding foreclosure. Would the mortgage company send the papers to his land lords mailing address? I was just wondering if his landlord is using the foreclosure line as a reason to evict him from the home with out giving him his 60 days notice!

If he is only 2 or 3 months behind, I am sure he is only received a threat of foreclosure, but they probably have not started yet. The notice on the door is the foreclosure sale notice. That won't be for awhile.

Good Luck

Well I spoke with my friend and he said that he talked to the landlord and asked if he could live there until the bank gives notice of foreclosure. The landlord told him he could but he would have to continue to pay rent. This cant be legal can it and if it is it doesnt seem right. Since my buddy has nowhere to go should he continue to live there until he either gets kicked out or finds somewhere else? I feel bad for him he has a wife and two kids and really nowhere to go.

Landlord not paying mortgage in no way negates a month to month lease with tenant. They are two separate contracts.

Landlord not paying mortgage in no way negates a month to month lease with tenant. They are two separate contracts.

I agree. The contract/agreement is with the landlord or owner and is no other's business at all. If the owner is not paying, that is the landlord or owners business and should not reflect upon tennents. It would be wise, however to look real quick for alternate home place. 'Hub

He told me that the landlord told him that he would allow him to live there until the final notice was given for half of the original rent. Next question is how long of time frame to move out do they give after the final notice of default or what ever its called