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San Diego Eviction Lawyer – Tenant Paying Rent When Landlord’s Mortgage is in Default
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San Diego Eviction Lawyer – Paying Rent When Landlord’s Mortgage is in Default

San Diego Eviction and Unlawful Detainer Attorney:

Does a San Diego tenant have to pay rent if the landlord is not paying the mortgage and facing possible foreclosure?

As a San Diego Landlord Eviction Attorney, I am getting more and more calls from Landlords asking me this very question.

Sometimes the landlord tells me that she simply cannot pay the mortgage.  Sometimes the landlord tells me that she is not paying the mortgage because she wants to get a loan modification and the only way the bank will deal with them is if they are behind so they stop paying.

In the end, it does not really matter why theowner is behind on the mortgage.

The tenant has to pay the rent.  It is does not matter if the landlord is paying the mortgage or not.

What amazes me about this it appears that there are tenant lawyers out there telling tenants to quit paying the rent because they cannot be evicted if the owner isn’t paying the mortgage.  These tenants are getting bad advice and the end result will be the tenant gets evicted and the landlord has to try to enforce the judgment for back rent.  This is not good for anyone.  So tenants, please take note: you must pay the rent.  You do not get to live for free.  Just as there are consequences for the landlord if he fails to pay the mortgage, there are consequences for you if you do not pay the rent – EVICTION.

I should note that there may be an exception to this rule.  It is possible that the certain contracts and laws require the tenant to pay the bank instead of the landlord.  But the simple truth of the matter, is that the tenant is going to be hard pressed to find someone at the bank to accept the rent and even if they do, they will be even harder pressed to prove in Court that they actually paid the rent to someone they were supposed to pay.  They will likely still get evicted.

So tenants, save yourself and your landlord some hassle and pay what you owe.

If you want to know more about the San Diego eviction process, read the related posts below or head over to our website dedicated to landlord evictions and written by our San Diego Eviction Attorneys.  You can also get our free report on the top 3 three landlord mistakes.

Related posts:

  1. San Diego Eviction Attorney Discusses When Rent is Late
  2. San Diego Landlords Beware Shady Eviction Lawyers
  3. San Diego Foreclosures, Evictions and The Protecting Tenants at Foreclosure Act of 2009
  4. San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants
  5. California Tenants and Foreclosure

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