Accepting rent when landlord/owner is not paying mortage : ezLandlordForms

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Laurie K

started a topic about 13 years ago

I have a tenant that has been renting a house from me for almost 2 years. We are on a month to month lease right now. I have owned the property for 7 years and it is in California. Recently I am trying to do a short sale on the home although it has not been approved yet by the bank. The tenant is aware of this. The house is not in foreclosure. I have not been making payments on the mortgage for about 6 months but I am still accepting rent from the tenant. Recently the tenant stopped paying rent. I am still paying for his water, garbage, and maintenance of the lawn etc... as if he was paying rent. Given these circumstances with the mortgage can I request that he pay rent and send an eviction notice if he does not? I am technically the owner until the house is sold by short sale or taken over by the bank, even if I am not paying the mortgage, right? Thanks!

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Renee R

said about 13 years ago

Yes you should initiate eviction proceedings immediately.

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Gregory M

said about 13 years ago

Of course you can. You are the owner. You have a signed lease. Take your legal land lord remidies and evict the tenant and place a new tenant in the home until the home is no longer yours.

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Eric D

said about 13 years ago

You can certainly start eviction notices (and I realize this is coming over a month, almost 2, later). However, I just recently purchased a property and bank financed it. The bank had me sign an agreement that if I default on payments, they can tell the renter to directly pay the bank instead of me. If you signed a similar agreement, the bank may have notified the tenant and you may not have recourse to this. Hope this helps you or anyone else that is looking at this similar situation.