Do I still have to pay my landlord rent, if the house I'm renting is going through the foreclosure process?

The short answer is yes. The rental agreement or lease is an independent contract with the landlord and if you do not pay he may evict you sooner than the mortgage company. You should contact the attorney who has filed the foreclosure find out what the timeline is and tell them you have been paying rent. This will get you more notice time.


Good Luck

You will need to confirm this with an attorney in Washington, but if you were a tenant in Florida whom had approached me with this question, and your landlord was failing to communicate with you, I would advise you to timely pay your rent into separate savings or checking account (into which no other monies are commingled). If your landlord sues you -- or threatens to sue you -- you can offer to pay the funds escrowed into the Court's registry pending resolution of the eviction proceedings. You might then countersue the landlord for fraud, deceptive and unfair practices, breach of the duty of good faith under the Landlord-Tenant Act, etc. if the landlord was aware of the foreclosure litigation (or its likely filing due to the landlord's failure to pay the mortgage), failed to disclose this to you, and you have suffered any damages (for example, having to incur duplicative moving costs, duplicative deposits for utilities, etc.).

Please follow up with an attorney conversant with this area of law in your state before you follow the counsel of any out-of-state attorney. The laws in your state may vary materially from the laws in other states.

Good luck to you>

James A. Gustino

Yes, you are contractually obligated to pay rent at this time. Your landlord may cure the mortgage default and evict (and sue) you for failing to pay rent. If your landlord is actually foreclosed, you have certain rights (additional time to vacate the property or in certian situations you can ratify the lease with the new owner). Should you have to vacate the property before the end of your lease, your landlord may be liable to you for breaching the lease (failing to provide the property for the length of the lease). You may want to contact an attorney to discuss your strategies/options going forward with regard to rent.

Good luck!

Zac
zac@copplaw.com

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel regarding your specific circumstances.