Housemate is being a dumb bitch (or I'm being naive) - Rent + Landlord Drama

[Francisco]

So I rent the 2nd and 3rd story of a house with three other people (friends mostly).

The other day as I was leaving for work, a stranger was loitering around the property. I confronted him and he notified me he was "checking the place out" because it's going up on auction Monday (today).

I notified my landlord who was (allegedly) blindsided by it and my housemates. The landlord explained it could be fallout of his mother's ongoing bitter divorce. My roommates took the news with various degrees of worry.

Today, tons of people showed up on the front lawn and some guy who looked like the auctioneer was facing everyone else and holding a clipboard. I peered through the window and witnessed what sounded like bidding. The landlord emerged from the crowd, walked up to the auctioneer and waved an envelope. He flashed the contents to the auctioneer, spoke with him a moment and soon the people dispersed.

Later, the landlord called and told me the auction was a fake setup by his bitter stepfather. The stepfather allegedly put a false auction notice in the newspaper. He thanked me for giving him a heads up, because he claims to have NO idea what was going on.

This doesn't add up to me, because while people may show up to a phony auction, where would the auctioneer come from?

I also did some digging online, and found there was a "TAKING" on the property by the city against the house in the amount of ~$2600. Sounds like a property tax issue.

I informed my roommates, and they handed me their rent checks to give to the landlord (due yesterday, but we get a little leeway) - except one who notified me she is not paying rent because "we don't even know if he owns the house". I told her not to be a retard and just pay her rent. She refuses til she talks to a lawyer.

Feels like dumb bitch drama to me... it's not like we're getting kicked out of the house or anything. As far as I'm concerned, we owe rent.

Thoughts on this situation? I'd honestly just like to convince the other roommates to kick her out. I don't see why we should jeopardize our relationship with the landlord and our housing situation (which we got a GREAT deal on) because she wants to be stubborn and make waves.

[Kohan]

She is the only one of you who apparently has any idea what they are doing, and who understands that they need to know their legal standing before proceeding in a situation like this.

If the landlord is not the owner of the home, you are paying them directly, and the actual owner is unaware, what they are doing is completely illegal and all of your rental contracts were void the day they were created. The landlord is practicing fraud, and should be arrested.

If the landlord is not the owner but the owner is involved, and completely aware of the situation, you are still entitled to fully understand their relationship and what is going on. You may live in a state where you, as a renter, are protected even if the ownership of the home changes hands, or you may be out on the street whenever it's sold.

Either way, she is right in her wanting to know everything about the situation.

As for my own history, my mother is a Realtor, my sister a broker, and I have worked in Property Management myself. I've also battled landlords, management companies, etc., on legal grounds.

EDIT: I also hope you have maintained a traceable history of all of your payments, as this may prove invaluable if fraud is indeed being practiced and you want to fight for your money.

[kuronosan]

I'm with Kohan on this. You probably should go consult a lawyer about this and not just blindly hand your money to the landlord. You have renter's rights.

[LinktheDeme]

Just call the police and file a report for potential fraud. They'd also most likely be able to figure out who the actual owner is. To support the landlord's case though it isn't hard to hire an auctioneer, they're privately employed as far as I'm aware.


edit: Also you got a "GREAT" deal on your housing and all this acts up? And you're threatening to kick her out for questioning why? Landlord should understand given the situation, and if he doesn't then something is up. I'm going to make this really blunt you are a giant IGNORANT dick for even suggesting this. You're being the dumb bitch here not her, and to even make the OP fashioned in such a way is insulting to anyone with intelligence and skepticism.

You can also call city hall and figure out who actually has possession of the land too ya know.

edit 2: Hell you even did research on the property and found out sketchy stuff. Stop playing the blind eye and take initiative on the situation.

[Kohan]

I'm going to make this really blunt you are a giant IGNORANT dick for even suggesting this. You're being the dumb bitch here not her, and to even make the OP fashioned in such a way is insulting to anyone with skepticism.

This is why we don't need our rights. If you exercise them, you're just a crybaby, right?

[LinktheDeme]

This is why we don't need our rights. If you exercise them, you're just a crybaby, right?

No snitching

http://instructors.cwrl.utexas.edu/w...ksRiley500.jpg

[Francisco]

I mean, my honest opinion is the landlord bullshitted me a bit to save face. I'm pretty sure he owed taxes on the house and paid them off at the last minute (today). Regardless - if rent isn't paid we don't have a place to live for long. If she wants to look into things, at least pay the rent that was due yesterday and not give vague timeframes like "when I talk to a lawyer".

[netz]

Regardless - if rent isn't paid we don't have a place to live for long.

Sure you do. Depending on where you live, evicting people can be obnoxiously hard. It wouldn't take that long to do some research on who really owns the property, and who set up the auction. It's not like towns and banks move all that fast on auctioning properties; surely he has received some sort of notice already -- probably several months in a row.

I understand not wanting to make waves/jeopardize your current relationship, but something already sounds off just based on your original post.

[LinktheDeme]

You do not know how far the landlord is bullshitting and it would be wise not assess things based on your opinion as you are not an expert in how the retail industry operates. I suggest you do pick up the phone and make a few calls and have her help you out. If she is not willing to do anything then the story is slightly different, however if you haven't taken initiative yourself you are equally guilty. I'm not saying to dick the landlord around for months but I'm sure he would not oppose to a week to thoroughly investigate.

I think the biggest area of concern here is how far along you knew from the "auction" and how long the difference between that and the day rent is due actually was. If it was a long enough period (more than 1 week) than you probably don't even have a huge case to bring to the landlord and all of you are equally guilty. If not then I am sure the landlord will understand, and if not something may be up. I have researched plenty of cases and you will not believe how many "audit red flags" are popping up with your statement.

If you want to kick out the female roommate for other reasons that is all of your and your roommate's prerogative, but to threaten to kick her out for being concerned is probably the worst logic I have seen.

[Kohan]

I mean, my honest opinion is the landlord bullshitted me a bit to save face. I'm pretty sure he owed taxes on the house and paid them off at the last minute (today). Regardless - if rent isn't paid we don't have a place to live for long. If she wants to look into things, at least pay the rent that was due yesterday and not give vague timeframes like "when I talk to a lawyer".

This is only if the person you are paying is either the owner or an authorized agent. If they are not, they are breaking the law, and you can actually get in trouble if you willfully work with them in this case.

However, if there isn't any funny business going on, it is true that withholding rent can result in eviction. You don't know if there's anything wrong here, though, so criticizing someone for being cautious isn't helping anyone.

You need to find out everything, no bullshit about it. If you don't, you could be throwing your money down the drain, and/or if the home is foreclosed and your state does not protect you, you will immediately be homeless.

EDIT: I also hope you have an actual contract (which you have copies of) and not just a verbal agreement.

[jmc]

No matter what state you live in, number one thing you ALWAYS do is contact your local AG's office and obtain a copy of your tenant rights based off of state law.

Then, contact the local police department and continue from there.

Your roommate is doing the smart thing by withholding rent.

[Callisto]

throw the rent in escrow, smoke a cigar, tell people you have money in escrow, cash it out to where it needs to go when situation is resolved




























It takes months upon months to get someone legally evicted, even if they say you're evicted you don't have to go til the Marshalls/Sheriff shows up, which takes a good long while to set up. If something is questionable, you can pay the shares of rent for the people who'd rather just pay minus the one roommate's, but she's the legit one in wanting an answer first.

[Kohan]

It takes months upon months to get someone legally evicted

This isn't always true. It strictly depends upon how much work the courthouses have to clear out before they reach your case. Eviction can be handled as expediently as two to four weeks.

Considering that this involves the place you live in, it's best to err on the side of caution.

[Francisco]

As far as the timing goes - rent was due yesterday. I found out about the auction... yesterday. Not even from the landlord, just because some guy was wandering around the property.

Here's my research - damned if I know what half of it means...

The top three are filed under my current address: #72.

File Date: 11/28/1997
Type Desc: DEED
Consideration: 227,000
Grantor: Two people.
Grantee: Current Landlord.

File Date: 01/24/2000
Type Desc: DECLARATION OF HOMESTEAD
Consideration: 0
Grantor: Current Landord.
Grantee: --

File Date: 04/23/2001
Type Desc: EXECUTION
Consideration: 8,399.00
Grantor: Current Landlord
Grantee: Some random guy.
Description: APR 23 2001 LOWELL DIST CT

Nothing is filed under the Landlord's Address: #74.

The following is filed under the house as a whole: #72-74.


File Date: 11/28/1997
Type Desc: CERTIFICATE OF MUNICIPAL LIEN
Consideration: 0.00
Grantor: The two people from Item #1
Grantee: --

File Date: 11/28/1997
Type Desc: MORTGAGE
Consideration: 204,300
Grantor: Current Landlord.
Grantee: Great Western Bank

File Date: 07/03/1998
Type Desc: MORTGAGE
Consideration: 90,000
Grantor: Current Landlord
Grantee: Landlord's mother

File Date: 08/13/1999
Type Desc: NOTICE
Consideration: 0.00
Grantor: Great Western Bank, Washington Mutual, Current Landlord
Grantee: --

File Date: 06/02/2000
Type Desc: NOTICE
Consideration: 0.00
Grantor: Great Western Bank, Washington Mutual, Current Landlord
Grantee: --

File Date: 03/16/2001
Type Desc: CERTIFICATE OF MUNICIPAL LIEN
Consideration: 0.00
Grantor: Current Landlord
Grantee: --

File Date: 03/16/2001
Type Desc: MORTGAGE
Consideration: 241,125
Grantor: Landlord's mother
Grantee: Washington Mutual

File Date: 03/04/2002
Type Desc: MORTGAGE
Consideration: 250,000
Grantor: Landlord's mother
Grantee: Washington Mutual

File Date: 04/10/2002
Type Desc: DEED
Consideration: 1.00
Grantor: Landlord's mother
Grantee: Landlord's mother + AL TRS, Landlord + AL TRS, Sch. Realty Trust /S TRS

File Date: 03/05/2003
Type Desc: NOTICE
Consideration: 0.00
Grantor: Landlord's mother + AL TRS, Sch. Realty Trust /S TRS, Washington Mutual
Grantee: --

File Date: 03/22/2004
Type Desc: EXECUTION
Consideration: 11,766.43
Grantor: Current Landlord, Sch. Realty Trust
Grantee: Some random guy.(same guy from item #2)

File Date: 01/20/2005
Type Desc: DEED
Consideration: 1.00
Grantor: Landlord's mother TR, Sch. Realty Trust, Current Landlord TR
Grantee: Landlord's mother, Current Landlord

File Date: 01/20/2005
Type Desc: MORTGAGE
Consideration: 410,000
Grantor: Landlord's mother, Current Landlord
Grantee: Union Capital Mortgage Business Trust

File Date: 10/02/2007
Type Desc: DEED
Consideration: 100.00
Grantor: Current Landlord
Grantee: Landlord's mother

File Date: 10/23/2007
Type Desc: EXECUTION
Consideration: 13,206.02
Grantor: Current Landlord
Grantee: Some other random guy.

File Date: 06/08/2009
Type Desc: ORDER
Consideration: 0.00
Grantor: Current Landlord + Random Guy from item above this one.
Grantee: --

File Date: 12/28/2010
Type Desc: ORDER OF NOTICE
Consideration: 0.00
Grantor: Current Landlord, US Bank National Association, Landlord's mother
Grantee: Some other random guy.

File Date: 03/14/2011
Type Desc: TAKING
Consideration: 2,680.74
Grantor: Landlord's mother, City of property.
Grantee: City of property.

[netz]

Landlord owns the property, mom owns the house. Well, technically the banks do.

Edit: Actually, I didn't notice the second deed transfer... I think his mom owns everything? And if the TAKING item means what I think it does, yeah, the dumbshit never paid taxes, has been receiving notices since the beginning of the year to pay his taxes, and waited until the city tried to auction the property to pay his taxes.

[Francisco]

That's everything listed under public records since the day he bought the house. Looks like the house had a tax lien on it when he bought it, and he was late on the mortgage a few times.

EXECUTION is him being sued? I don't know... A call to city hall confirmed he owed taxes on the place (last item) - but they did not put the house on auction... Property seemed to change hands between him and his mother a few times (pretty positive the lady I called his mother is indeed his mother - but I'm not 100% sure...)

[Francisco]

and waited until the city tried to auction the property to pay his taxes.

I called the city today and they said they auctioned off one property in January, and that was the first auction in 28 years.

[netz]

I called the city today and they said they auctioned off one property in January, and that was the first auction in 28 years.

Does that mean the landlord's original and ridiculous story is actually correct? You might want to find a new place to live without psycho fucking nutjobs running the show.

[Kohan]

Does that mean the landlord's original and ridiculous story is actually correct? You might want to find a new place to live without psycho fucking nutjobs running the show.

I agree. From the looks of things, that "fake" auction may not be so fake (as they would have the right to sell the home if it belongs to them), and it looks as if this house has changed hands, been chased after by banks, etc., for a long time.

Also, if the mother and step-father are the legitimate owners of the house, and they do not condone what the son is doing, this is a case of fraud. As mentioned earlier, he must be authorized. If they don't want him there, and are trying to sell the home, their son is illegally renting to you and your fellow tenants.

EDIT: Maybe she did condone this once upon a time, but you probably don't know that. Do you have your lease agreements or not? You should find all this stuff out ASAP.

[Chicomagiko]

Kohan! Find me a loft/studio in downtown L.A. for less than 750 a month plz?! I'll cook you dinners