questions & answers

Question: We just received a notice of auction for a property we are renting. Per this letter, the landlord was behind on the mortgage prior to us signing the lease, which we were not aware of. He has no intention of keeping the house and we have another 6 months to our lease. Do we have any rights to with hold rent considering he intentionally scammed us into renting when he had no intentions of using our money to pay the rent and was already behind?

Answer: This is a contract law issue as much as a landlord/tenant law issue. The specific rights of a tenant in these situations depend in part on what the landlord knew or should have known concerning an inevitable or possible foreclosure when the landlord entered into the rental agreement with the tenant. It is never a good idea for a tenant to withhold rent in these situations without first seeking legal advice, so you may wish to consult an attorney to discuss the specifics of your case and determine your options before you do anything. There are links to organizations offering free or low-cost legal services on this website.