Comments on: The Tenant Against the Predatory Renter/Realtor

By: Moe Bedard

Moe Bedard — Wed, 29 Jul 2009 14:59:15 +0000

I understand what you are saying. I ended up just moving and not paying her for 2 months which equaled my security deposit which she didnt have and had spent. So, essentially she was in breach of the lease agreement and I was also. It was a rental stalemate. Now, I am in a better home, in a better location and my family is much happier. So, maybe this was all meant to be.

By: kurt

kurt — Wed, 29 Jul 2009 05:51:23 +0000

Moe be careful before you breach your rental contract with the owner. You have agreed to pay rent each month for you occupancy of the property, if you fail to pay you could be evicted, and could be liable for the cost to evict you and your family. It is NOT a defense for you to say “the landlord is not paying so i do not have to pay”. your obligation to pay is Not related to the landlords obligation to pay.

By: Ohio Landlord

Ohio Landlord — Tue, 14 Jul 2009 03:12:33 +0000

Tenants do not understand that they are not co-purchasing the property with the landlord, and as such, should have no expectation other than the landlord fulfills on his/her part of the lease agreement. The landlord takes on the entire credit risk of the non-payment, and this becomes even more likely should tenants not pay. The top reason tenants give for renting is not having “all that responsibility.”

I often find tiresome when tenants make the law up in their own head as to what they “feel” is fair, not knowing that there are many reasons why the arrangement in which they have agreed is deemed legally equitable.

By: Rosie Greer

Rosie Greer — Fri, 10 Apr 2009 05:07:40 +0000

HELLO,IF ANY ONE CAN HELP ME OR PLEASE JUST ANSWER MY QUESTIONS I WILL GREATLY APPRECIATE IT..

By: Rosie Greer

Rosie Greer — Fri, 10 Apr 2009 05:04:03 +0000

Hello,Im a single mother of four,who is renting a home in forclosure.I don’t feel it’s fair to me in my family that the owner rent his house knowing he is in forclosure.There calling demanding rent.Now he is saying he is going to do a quick sale on the house.He also states I WILL BE RECIEVING A THREE DAY NOTICE.

By: Julie

Julie — Mon, 06 Apr 2009 15:36:08 +0000

Moe, Please contact me I have a few questions I’d like to ask you as I am in the same boat

By: Brad Sperring

Brad Sperring — Fri, 13 Mar 2009 19:07:37 +0000

“(d) A tenant of residential real property may bring an action
against a person who has engaged in rent skimming with respect to
that property for the recovery of actual damages, including any
security, as defined in Section 1950.5, and moving expenses if the
property is sold at a foreclosure sale and the tenant was required to
move.”

Read (d) very closely people. For the recovery of ACTUAL DAMAGES. UNTIL she has breached the contract and you, Moe, have suffered quanifiable monetary damage, she has not breached ANYTHING.

You’re setting yourself up for a fall Moe. I’m telling you straight-up brother that this has a good chance of back-firing on you and anyone else who does this.

By: Brad Sperring

Brad Sperring — Fri, 13 Mar 2009 18:01:27 +0000

You can’t defend youreself before someone attacks you because that’s assault. Similarly, you can’t withhold rent because you think she might not refund your deposit or that she’s not paying her mortgage. That’s YOU breaching a legally binding contract. She’s breached nothing UNTIL she’s breached something. That simple.

On Rich’s point – What if she’s working out a deal with her bank (modification, etc) and ends-up keeping the property? Man-o-man, she could have a legal case against YOU to keep your deposit for breaching the contract so wilfully. The only lesson you’re teaching here is how to get sued tout suite.

By: Moe Bedard

Moe Bedard — Fri, 13 Mar 2009 15:01:27 +0000

I have spoken to many attorneys and have obtained many inconsistent answers. I feel that my only recourse is to let a California judge decide……. Thanks for the kind words

By: Rich

Rich — Fri, 13 Mar 2009 14:54:31 +0000

Hey Moe; it almost sounds like you should consult with an attorney; especially if you are convinced your landlord plans on robbing you of your security deposit. State laws vary sometimes; maybe you could legally stop paying. Also; I know this is a longshot but is there any possible chance that your landlord might be fighting to get a loan mod and will keep the home if the bank helps her; or are you 100% certain your landlord has decided to simply walk away? On a sidenote; thanx for your fantastic site; both the forum and your daily news updates.