Turn Off Ads?
Results 1 to 11 of 11

Thread: Question for all the lawyers/law students on the board

  1. #1
    A Little to the Left Redsfaithful's Avatar
    Join Date
    May 2002
    Location
    Bexley, OH
    Posts
    7,467

    Question for all the lawyers/law students on the board

    I'm renting a duplex at the moment, but I'm being forced to leave because my landlord hasn't been paying his mortgage. The house was foreclosed on back in early December, but I've just found out today. We've been here since August, have paid our rent on time, etc. etc.

    I am going to speak to a lawyer, but I thought I could get some advice here as well. Do I have any recourse for the rent we've paid? Especially for December, since we paid him even though he no longer owned the property (which obviously we didn't know).

    The bank has offered us relocation assistance money if we vacate by February 1st, but I haven't been able to get an answer as to what happens if the other half of the duplex doesn't move out (I'm waiting on a call back right now). Here's the kicker - the other half is owner occupied. Our landlord lives next door.

    The entire situation sucks, if anyone can offer any advice or experience I'd really appreciate it.
    We are all in the gutter, but some of us are looking at the stars.
    --Oscar Wilde

  2. Turn Off Ads?
  3. #2
    For a Level Playing Field RedFanAlways1966's Avatar
    Join Date
    Apr 2001
    Location
    Oakwood, OH
    Posts
    11,745

    Re: Question for all the lawyers/law students on the board

    RF, I had a friend who went through almost the exact same thing a couple of years ago here in Dayton. She had no recourse whatsoever. Even though she had made a few rent payments in which the owner made zero payments to the mortgage company in those months.

    It does not sound as though you have made payments for time in which you were not allowed to live there, so technically you have received a roof over your head for the time paid. Whether the owner (loser) sent that money for the mortgage is not your concern (from a legal perspective).... as long as you lived there for the time paid.

    I know it stinks. However, you obviously do not want to have anything to do with this owner anymore. If he/she somehow can get himself/herself righted in a financial perspective, then who knows what they might be capable of in the future. They have already "stuck it to ya" once and I would not give them the opportunity to ever do it again.

    Try to buy something when you can and while rates are still low, RF. It is always tough to get started w/ ownership, but you do not have to deal with people like your landlord. Best of luck in dealing w/ your current situation!

    p.s. I am not a lawyer!!
    Small market fan... always hoping, but never expecting.

  4. #3
    CELEBRATION TIME RBA's Avatar
    Join Date
    Apr 2000
    Location
    San Marcos, CA
    Posts
    13,984

    Re: Question for all the lawyers/law students on the board

    I don't know. Have you looked into buying the property from the bank? The bank should give you first dibs????

  5. #4
    Mod Law zombie-a-go-go's Avatar
    Join Date
    Jan 2004
    Location
    Miskatonic University
    Posts
    4,302

    Re: Question for all the lawyers/law students on the board

    Quote Originally Posted by RedFanAlways1966
    Try to buy something when you can and while rates are still low, RF.
    But if you do, get a Fixed Rate. All bubbles must pop.
    "It's easier to give up. I'm not a very vocal player. I lead by example. I take the attitude that I've got to go out and do it. Because of who I am, I've got to give everything I've got to come back."
    -Ken Griffey Jr.

  6. #5
    Puffy 3:16 Puffy's Avatar
    Join Date
    Feb 2002
    Location
    Panama City Beach
    Posts
    13,771

    Re: Question for all the lawyers/law students on the board

    Quote Originally Posted by Redsfaithful
    I'm renting a duplex at the moment, but I'm being forced to leave because my landlord hasn't been paying his mortgage. The house was foreclosed on back in early December, but I've just found out today. We've been here since August, have paid our rent on time, etc. etc.

    I am going to speak to a lawyer, but I thought I could get some advice here as well. Do I have any recourse for the rent we've paid? Especially for December, since we paid him even though he no longer owned the property (which obviously we didn't know).

    The bank has offered us relocation assistance money if we vacate by February 1st, but I haven't been able to get an answer as to what happens if the other half of the duplex doesn't move out (I'm waiting on a call back right now). Here's the kicker - the other half is owner occupied. Our landlord lives next door.

    The entire situation sucks, if anyone can offer any advice or experience I'd really appreciate it.
    Hey RF,

    Let me preface this by saying that I don't know Ohio law - but landlord tenant is pretty standard, so I'll give you Florida law and what I am pretty sure is Ohio.

    The money you paid to the landlord is gone. You had a contract with him. You had to pay rent to him, him not giving it to his mortgage is his business. Yes, it affects you, but you are a third party here.

    The rent you paid was for the months you lived there, no court is going to allow you to live rent free, even for December (now the bank might have some recourse against the Owner cause they foreclosed, so technically thats thier money), but you, unfortunately don't. You can try to mitigate (moving expenses, breach of contract), take him to court and try to get some of the money back, but it might cost you more than its worth. First, there are attorney's fees. Second, you'll only get attorney's fees back if you win. Third, even if you win and the court awards you some money back, well, if the guy let this mortgage go then the chances that he will pay you the money is small. You'll have a judgment and very few ways to enforce said judgment.

    I would say take the bank's assistance and get out of there.

    Sorry man
    "I came here to kick ass and chew bubble gum... and I'm all out of bubble gum."
    - - Rowdy Roddy Piper

    "It takes a big man to admit when he is wrong. I am not a big man"
    - - Fletch

  7. #6
    "Let's Roll" TeamBoone's Avatar
    Join Date
    Jun 2000
    Location
    Cincinnati
    Posts
    12,841

    Re: Question for all the lawyers/law students on the board

    Something similar I heard on the local news recently. The landlord wasn't paying the utility bills and they turned them off in an apartment building. The tenants were livid. Sorry, I don't know the outcome.

    It does seem that tenants should have some rights (the operative word here being "should").

    Ironically, I was a landlord once and that point in time (in NY) it seemed the tenents had all the rights. They trashed the joint and never had the trash removed. I had to jump through all kinds of hoops to have them evicted, which took about 3-4 months. Of course, during that timeframe they did even more damage because they knew I was trying to evict them. Never did I see one penny in damages.
    "Enjoy this Reds fans, you are watching a legend grow up before your very eyes" ... DoogMinAmo on Adam Dunn

  8. #7
    Potential Lunch Winner Dom Heffner's Avatar
    Join Date
    May 2001
    Location
    Tampa, FL
    Posts
    6,071

    Re: Question for all the lawyers/law students on the board

    I would think the only thing you could do is to possibly sue him for any damages caused by your having to leave early or while you were living there, but what are those, honestly, and could he even pay them if they are substantial?

  9. #8
    Big Red Machine RedsBaron's Avatar
    Join Date
    Jun 2000
    Location
    Out Wayne
    Posts
    22,834

    Re: Question for all the lawyers/law students on the board

    RF, I don't practice in Ohio, nor do I do all that much in the area of landlord-tenant law, but Puffy's advice seems to be very good to me.
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

  10. #9
    A Little to the Left Redsfaithful's Avatar
    Join Date
    May 2002
    Location
    Bexley, OH
    Posts
    7,467

    Re: Question for all the lawyers/law students on the board

    Thanks guys, it's much appreciated. I think I'm just going to avoid any contact with the landlord. I'm assuming I'm out my deposit as well, but since it's only $700 I'm guessing it's not worth going after, and I imagine he's declaring bankruptcy anyway.
    We are all in the gutter, but some of us are looking at the stars.
    --Oscar Wilde

  11. #10
    "Let's Roll" TeamBoone's Avatar
    Join Date
    Jun 2000
    Location
    Cincinnati
    Posts
    12,841

    Re: Question for all the lawyers/law students on the board

    Call Crime Stoppers!

    Seriously. They help a whole lot of people who have been wronged. Most don't like the publicity they get.
    "Enjoy this Reds fans, you are watching a legend grow up before your very eyes" ... DoogMinAmo on Adam Dunn

  12. #11
    Puffy 3:16 Puffy's Avatar
    Join Date
    Feb 2002
    Location
    Panama City Beach
    Posts
    13,771

    Re: Question for all the lawyers/law students on the board

    Quote Originally Posted by Redsfaithful
    Thanks guys, it's much appreciated. I think I'm just going to avoid any contact with the landlord. I'm assuming I'm out my deposit as well, but since it's only $700 I'm guessing it's not worth going after, and I imagine he's declaring bankruptcy anyway.
    Hey - your deposit is worth going after, and you have a 99.9% chance of getting that back.

    I would write him a letter (the landlord) explaining to him that the lease is voided thru no fault of yours and that you request your deposit back.

    By law, a Landlord is supposed to keep a deposit separate, so even if he declares bankruptcy, the poor house, whatever, he still is liable for that money.

    Yes, it takes it back to how to collect it if he spent it - but if you seek your deposit money the law is completely and totally on your side.
    "I came here to kick ass and chew bubble gum... and I'm all out of bubble gum."
    - - Rowdy Roddy Piper

    "It takes a big man to admit when he is wrong. I am not a big man"
    - - Fletch


Turn Off Ads?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Board Moderators may, at their discretion and judgment, delete and/or edit any messages that violate any of the following guidelines: 1. Explicit references to alleged illegal or unlawful acts. 2. Graphic sexual descriptions. 3. Racial or ethnic slurs. 4. Use of edgy language (including masked profanity). 5. Direct personal attacks, flames, fights, trolling, baiting, name-calling, general nuisance, excessive player criticism or anything along those lines. 6. Posting spam. 7. Each person may have only one user account. It is fine to be critical here - that's what this board is for. But let's not beat a subject or a player to death, please.

Thank you, and most importantly, enjoy yourselves!


RedsZone.com is a privately owned website and is not affiliated with the Cincinnati Reds or Major League Baseball


Contact us: Boss | GIK | BCubb2003 | dabvu2498 | Gallen5862 | LexRedsFan | Plus Plus | RedlegJake | redsfan1995 | The Operator | Tommyjohn25