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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Use the principles of right of offset and anticapatory breach... Posted by Ward-CA- on June 10, 2002 at 9:20 PM In Reply to: pay rent on a potential foreclosure? posted by keren on June 10, 2002 at 9:55 AM : It looks like our landlord is going into foreclosure. Should we continue paying rent to him, and how much time do we have to move? We live in Missouri. ================= Keren, You probably paid a security deposit when you moved in. And if your landlord is now so broke he can't make the monthly loan payments then how is he going to return your security deposit when he loses the property? You have a classic case of anticipatory breach. It means that in anticipation that the landlord won't keep up his end and refund your security deposit when it comes time to do so that you can take steps now to avoid that outcome. You probably can withhold enough rent now from the landlord to offset the security deposit he owes you. When you have withheld the entire security deposit amount then you would be obliged to resume your regular rent payments. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : It looks like our landlord is going into foreclosure. Should we continue paying rent to him, and how much time do we have to move? We live in Missouri. : ================= : Keren, : You probably paid a security deposit when you moved in. And if your landlord is now so broke he can't make the monthly loan payments then how is he going to return your security deposit when he loses the property? : You have a classic case of anticipatory breach. It means that in anticipation that the landlord won't keep up his end and refund your security deposit when it comes time to do so that you can take steps now to avoid that outcome. : You probably can withhold enough rent now from the landlord to offset the security deposit he owes you. When you have withheld the entire security deposit amount then you would be obliged to resume your regular rent payments. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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