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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Foreclosing on a rental Posted by Travis-CA on August 11, 2003 at 10:36 AM In Reply to: Foreclosing on a rental posted by tracylynn on August 10, 2003 at 11:48 AM : I need some advice. Long story short, were renting a residential property that we have always been on time with payment and never missed a payment. Lease ran out July, its now just a month to month, tried to sign for another lease but owner told us she is getting foreclosed on. Her last payment to morgage company was April of this year. So right now we are looking for another rental, but there very hard to find in our area. It took us 6 monthes to find the house we are in now. The problem is that the furnace quit working last Febuary and she still hasnt fixed it. We have told her nermous times but was not fixed. Of course, over the summer it didnt matter, but now we know she has no money to fix a new furnace and winter is approaching and we may still be here. Under advice from some friends, they told us to stay put and possibly the bank may work with us on purchasing the home. We love the house and would like to stay. : But I what do I do about this furnace. We currently pay $700.00 a month for our rent. And wonder what are options are as far as holding rent till she fixes it. I am willing to even use our rent money and find someone myself to fix it. But would I get in trouble for doing this. And if we do hold rent, what will that say to the mortgage company, will that lessen our chances to work out a deal with them : Please any advice would do, my husband is the only one working and he makes $30,000 a year, I am going to college and only have two more years to go before I graduate. Our credit score is 630 and we have been able to save $2,000. We had to plead bankruptsey 3 years ago, and we have been trying to establish credit, which is not easy to do with a bankruptsey attached to your credit history. Is there any chance with morgage company?? Tracy, You did not mention what state you are located in so I will assume California. Regarding your furnice, a Landlord of any residential home has an implied warranty of habitability. This means that the landlord must ensure that your residence is habitable, not repairing a furnice would be a good example of this. Any landlord who collects or demands rent from an untenable dwelling is liable for actual damages sustained by the tenant and special damages not less than $100 and not more than $1000. Also California Civil Code 1942.0 allows a tenant to repair the problem himself and deduct that expense from the rent, below is a link to the entire code. Best Wishes, Travis CC 1942.0 Tenant Repairs. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : I need some advice. Long story short, were renting a residential property that we have always been on time with payment and never missed a payment. Lease ran out July, its now just a month to month, tried to sign for another lease but owner told us she is getting foreclosed on. Her last payment to morgage company was April of this year. So right now we are looking for another rental, but there very hard to find in our area. It took us 6 monthes to find the house we are in now. The problem is that the furnace quit working last Febuary and she still hasnt fixed it. We have told her nermous times but was not fixed. Of course, over the summer it didnt matter, but now we know she has no money to fix a new furnace and winter is approaching and we may still be here. Under advice from some friends, they told us to stay put and possibly the bank may work with us on purchasing the home. We love the house and would like to stay. : : But I what do I do about this furnace. We currently pay $700.00 a month for our rent. And wonder what are options are as far as holding rent till she fixes it. I am willing to even use our rent money and find someone myself to fix it. But would I get in trouble for doing this. And if we do hold rent, what will that say to the mortgage company, will that lessen our chances to work out a deal with them : : Please any advice would do, my husband is the only one working and he makes $30,000 a year, I am going to college and only have two more years to go before I graduate. Our credit score is 630 and we have been able to save $2,000. We had to plead bankruptsey 3 years ago, and we have been trying to establish credit, which is not easy to do with a bankruptsey attached to your credit history. Is there any chance with morgage company?? : Tracy, : You did not mention what state you are located in so I will assume California. Regarding your furnice, a Landlord of any residential home has an implied warranty of habitability. This means that the landlord must ensure that your residence is habitable, not repairing a furnice would be a good example of this. Any landlord who collects or demands rent from an untenable dwelling is liable for actual damages sustained by the tenant and special damages not less than $100 and not more than $1000. Also California Civil Code 1942.0 allows a tenant to repair the problem himself and deduct that expense from the rent, below is a link to the entire code. : Best Wishes, : : Travis 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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