in a bad situation

[Jacqui Elouarga]

I have been renting a nice house for 10 months now. I am on a month to month which the owner wanted. I needed a place and agreed to it. I have been making my rent on time every month. I know she wanted to sell the house but she said after the market calms down a while she would put it for sale. She insisted it wasnt for a year or so. Every month I would ask her if things are fine and she would always tell me they were.
8 months later, I recieve a notice of default letter (taped to my door) saying the house would be for sale 10 days later. I called the landlord and she wouldnt respond to my calls for 4 days. She then told me she hired a lawyer and saved the house by filing Chapter 11 bankruptcy. She said I had a few months left and she saved her house. I confirmed this with the lawyer and now I recieve a letter of Order to show cause because she (owner) failed to comply with the bankruptcy code/rules and didnt comply with the orders of the court. SHe failed to file the neccessary paperwork with the court. The paper says the court date is for dismissal,conversion, sanctions, contempt and more.

I am planning on attending this court hearing. I have called her numerous times with no answer. She wont be honest with me. Now its the first of the month and she wants her rent money. I am not paying her. If anything I figure she can send me the 3 day notice because the court is only 2 days after rent is due. I want to make sure my rent is going to be because Im here in the house.

I have been told I can take over her payments. I dont know if the house will be foreclosed on or she still has possession of it. Its so tricky and I am unfamiliar with these laws. I would love to stay here longer and try to work out a deal.

This landlord is so secretive. I cant wait to go to court and hopefully gain some answers. I just dont know what to take with me or what to say. Or, who to say it too.. I know there are "KEY" words but I dont know those words.

Any advice would be greatly appreciated

[Michael Rossi]

I completely disagree with the advice to stop paying your rent. That will only hurt YOU! Having an eviction on your record is the kiss of death as far as finding another place to live. No reputable landlord is going to accept a tenant that has been evicted - I know I don't!

My suggestion is to talk to a real estate attorney and determine your legal situation. If you don't have money for a lawyer, go to your local Legal Aid and talk to a free lawyer. You MAY be allowed to pay your rent directly to the court or somewhere else. However, the fact that the landlord is having financial difficulty does not give you the legal or moral right to refuse to pay rent. You have a place to live and you are required to pay rent to live there.

The best option is probably to just give the required legal notice in your state and move, while paying rent while you are still there.

Good Luck,

Mike