patrick.net

Fraud makes me sad. Let her clean up her own mess.

She's getting free ride by not paying mortgage to the bank, so you're entitled to join her by not paying rent to her. It's only fair.

PS. On a serious note: desperate underwater landlord like yours go to great length to not return security deposit (they simply have no money). So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent. I wish I did that instead of having to battle my (similarly underwater and desperate) landlord in court.

Straw Man says

desperate underwater landlord like yours go to great length to not return security deposit (they simply have no money). So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent.

Yep, I was already planning on doing that since she has shown that she no ethics and would probably would not return it.

Fuck her. Let her sort out her own mess

Straw Man says

She's getting free ride by not paying mortgage to the bank, so you're entitled to join her by not paying rent to her. It's only fair.

PS. On a serious note: desperate underwater landlord like yours go to great length to not return security deposit (they simply have no money). So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent. I wish I did that instead of having to battle my (similarly underwater and desperate) landlord in court.

Really? I took my landlord to court once after he tried to keep my security deposit. It was a supreme ass whooping and I got double the deposit back. Mind you, I had 200+ pictures before and after along with emails and him on tape saying everything looked great.

My suggestion is tell her to come over to meet the bank person herself. You should keep track of the sheriff sales in your county just so you have a heads up of when she officially loses the house.

Dude, don't do it. You don't want to end up in prison for your landlord.

Dan8267 says

Dude, don't do it. You don't want to end up in prison for your landlord.

Yeah, there is no way in hell I would do this. My larger question is, will my lease allow me to stay here if and when my landlord gets foreclosed upon. I would assume the lease should allow me to under CA law?

have a heart, save a landlord.

The Professor says

Unless the new owner is one of those rabid invester types who will lie, cheat, and steal to get you out. They will say that they are moving in to break your lease and then after you are out they will say they changed their mind.

It seems really stupid for a new owner to piss off renters who are living in the property.

I thought the banks did a "cash for keys" thing to prevent people trashing the place (not that I would do that).

APOCALYPSEFUCK is Shostakovich says

The Professor says

After foreclosure sale your lease must be honored and you are to pay the new owner.

You really think the bank or a new owner taking control of the property at auction would care what the lease says or that the tenants even are making claims of any kind?

It's like expecting a Jeffrey Dahmer to use his napkin at a dinner party.

After eating faces?

APOCALYPSEFUCK is Shostakovich says

More likely they have a service that will just throw the tenants' shit on the sidewalk and change the locks and clean it out and prep it for the next tenants.

So much for law and order, I guess this what happens in a cannibal anarchy.

theoakman says

Really?

Really-really

I took my landlord to court once after he tried to keep my security deposit. It was a supreme ass whooping and I got double the deposit back. Mind you, I had 200+ pictures before and after along with emails and him on tape saying everything looked great.

Good for you. How did you collect?

APOCALYPSEFUCK is Shostakovich says

Straw Man says

theoakman says

Really?

Really-really

I took my landlord to court once after he tried to keep my security deposit. It was a supreme ass whooping and I got double the deposit back. Mind you, I had 200+ pictures before and after along with emails and him on tape saying everything looked great.

Good for you. How did you collect?

Mr Man,

Did you ever collect it, though? This freak sounds like a really scum-sucking piece of shit landlord, even among landlords.

Nope, still waiting for court ruling.

So...You are knowingly taking advantage of an underwater mortgage holder.. or at the very least, complicit in being a part in the landladies squatting via proxy.

Why do you "deserve" to pay $600 under market value for you rental? Sounds like you have to deal with a lot of annoying things renting your place and dealing with bankers, and looky-loos, and government officials asking you questions.

Maybe you should just find a nice rental without all those hassles or buy a home yourself.

BoomAndBustCycle says

So...You are knowingly taking advantage of an underwater mortgage holder.. or at the very least, complicit in being a part in the landladies squatting via proxy.

I didn't know that she was underwater when I rented the place and if she is trying to modify her loan that is between her and the bank, not me! BoomAndBustCycle says

Why do you "deserve" to pay $600 under market value for you rental? Sounds like you have to deal with a lot of annoying things renting your place and dealing with bankers, and looky-loos, and government officials asking you questions.

Why do I get a good deal and pay a price that is below market value? Because I spent a lot time looking for a good deal and snatched it the 1st day it hit Craigslist. Lots of landlords rent there places for less then market value because they want to keep there property rented and/or they want good tenants and/or they are oblivious to what the market value is. Last time I checked, getting a good deal was not against the law.
BoomAndBustCycle says

Maybe you should just find a nice rental without all those hassles or buy a home yourself.

I plan on moving when my lease is up. By the way, so far there has been no hassles, just the bank knocking on the door once and we told them "we rent" and my landlord asking us to lie (which we are not doing).

Straw Man says

So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent.

Could be a bad idea. Your LL can serve a 3-day notice for last month's rent if you don't pay, and then file an unlawful detainer (eviction) that could make it hard for you to rent for years.

She probably won't, but the point is she can. I wouldn't take that risk. You can try it, but make sure you pay if she serves a 3-day. Then ask for a walk through before you move (required by CA law) and document the condition you leave it with pictures or video.

If she keeps your deposit, take her to court. Most small claims judges bend over backwards for tenants who do the right thing and have documentation.

BoomAndBustCycle says

So...You are knowingly taking advantage of an underwater mortgage holder.. or at the very least, complicit in being a part in the landladies squatting via proxy.

Why do you "deserve" to pay $600 under market value for you rental? Sounds like you have to deal with a lot of annoying things renting your place and dealing with bankers, and looky-loos, and government officials asking you questions.

Maybe you should just find a nice rental without all those hassles or buy a home yourself.

GTFO with your bullshit. He didn't know she was underwater. Way to completely confound the facts.

He deserves a below market rental since every bumble fuck with a pulse "deserved" to get hundreds of thousands in funny money to "buy" a house they had no iota of hope of affording.

He hasn't done anything wrong.

Ps I hope she loses her house.

mdiablo says

Could be a bad idea. Your LL can serve a 3-day notice for last month's rent if you don't pay, and then file an unlawful detainer (eviction) that could make it hard for you to rent for years.

Thanks for the heads up. If she does serve a 3-day notice I will pay the last months rent asap, yet I doubt she is that knowledgeable about the way things work since never did a walk through with the tenants before us when they moved out or with us when we moved in.

Straw Man says

So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent.

unfortunately this is against the law in a normal lease agreement. However you do have a special circumstance here...

Straw Man says

Nope, still waiting for court ruling.

if you are still waiting for ruling how do you know you got double deposit? BTW if you win and have trouble collecting, you can just get a legal services to help collect. The one I know is actually very cheap and worthwhile. PM if you want their info...

mdiablo says

Straw Man says

So when you're ready to move out, do not pay last month rent and let her use the deposit in lieu of the last month rent.

Could be a bad idea. Your LL can serve a 3-day notice for last month's rent if you don't pay, and then file an unlawful detainer (eviction) that could make it hard for you to rent for years.

She probably won't, but the point is she can. I wouldn't take that risk. You can try it, but make sure you pay if she serves a 3-day. Then ask for a walk through before you move (required by CA law) and document the condition you leave it with pictures or video.

If she keeps your deposit, take her to court. Most small claims judges bend over backwards for tenants who do the right thing and have documentation.

I actually know the rental law in depth and mdiablo is 100% correct. However it is very unlikely she will do this, especially in the last month as these things take FOREVER. Furthermore, mdiablo is also correct in saying that most small claims judges will bend over backward for tenants who do the right thing. The law actually leans heavily toward the tenant, so if you have good documentation, its really hard to beat you in court.

evilmonkeyboy says

never did a walk through with the tenants before us when they moved out or with us when we moved in.

Yeah, I'm not surprised. Most part-time LL's usually don't bother. And I meant to say she is required to offer you a pre move-out walk through. If you don't take her up on it, that's your call. Good luck.

mdiablo says

And I meant to say she is required to offer you a pre move-out walk through.

Yeah, she lives in Stockton (our rental in San Jose) she will not contact us about a pre-moveout inspections (she is clueless). I would assume that by not doing this she would loose most of her clout in a court of law?

Meccos says

Straw Man says

Nope, still waiting for court ruling.

if you are still waiting for ruling how do you know you got double deposit?

I don't. It's the user under nickname "theoakman" who said he got double deposit from his landlord. I'm suing for 3x and don't have the ruling yet.

BTW if you win and have trouble collecting, you can just get a legal services to help collect. The one I know is actually very cheap and worthwhile. PM if you want their info...

Patrick.net doesn't have private messaging. :(

evilmonkeyboy says

I would assume that by not doing this she would loose most of her clout in a court of law?

Pretty much. I mean if you kicked holes in the walls and stripped out the copper pipes, a judge isn't going to let that go because she didn't offer a pre-move inspection. But the normal painting and cleaning kind of stuff will be hard for her to charge without following the law.

Straw Man says

I don't. It's the user under nickname "theoakman" who said he got double deposit from his landlord. I'm suing for 3x and don't have the ruling yet.

Gotcha... sorry i think i mistook someone else for you. I believe you can sue up to 3x your deposit, but you have to prove there was actions taken in "bad faith" by your LL. Good luck to you... you should hear back usually within a week or so.

If you have trouble collecting, try Rush legal services (in california). They are honest and pretty straight forward...

mdiablo says

Pretty much. I mean if you kicked holes in the walls and stripped out the copper pipes, a judge isn't going to let that go because she didn't offer a pre-move inspection. But the normal painting and cleaning kind of stuff will be hard for her to charge without following the law.

Already, we do not have to clean, touch up paint or have the carpets professionally cleaned when we move out because we had had to do this when we moved in. The old tenants gave us the keys and she never did a walk through with us. We took lots of pictures and we have an email from her confirming that it was dirty when we moved in and she responded that we are not responsible for this when we moved out.

Like I said, the landlord does not have a clue (I actually kind of like it this way, since we will most likely get our entire deposit back).

Meccos says

If you have trouble collecting, try Rush legal services (in california). They are honest and pretty straight forward...

Thanks for the tip. I'm pretty sure I'll need their service if I win - the SOB is tight as a duck's arse.