Legal Question in Real Estate Law in Pennsylvania
Landlord is in preforeclosure
I am renting a house in Latrobe PA. The lease states the house will not be put on the market and the landlord will fix all problems. The landlord is also in preforeclosure. He listed the house on the MLS. WHen I called and wanted him to fix things that he knows about he refused, but I could buy the hosue on a shortsell. I then found out he is 2 years behind on taxes. If I buy the house, will I have to pay the back taxes? Also what are my options to get him to fix/ take the house off the market.
1 Answer from Attorneys
Re: Landlord is in preforeclosure
It sounds like he in in breach of your lease, and if ANYTHING that needs to be fixed is an item relateded to the "tenability" of the dwelling, he is not entitled to rent until it is corrected. Put the rent into a seperate savings account, send the landlord a letter demanding the rent BACK paid while he promised to fix the property (he won't give it to you, but make the claim anyway). He may threaten, but screw him, he's not paying anyone, he is not entitled to rent from you. In the mean time, see if you can find his lender, and talk with the lender and the town, as they will both want to be paid - see how much it is. IF you can afford to buy the place, great, this is the time to do that. Ask the current lender to finance you, and see what kind of deal they may offer. To head off the landlord, change the locks, and sue him in tenant landlord court, chances are he will not even show up. In the event he does, bring proof to court that he is not paying taxes, not paying his mortgage,that you DID pay rent and demanded he make the promised repairs, bring proof of the condition of the house, and that you are putting the rent in a seperate account (hopefully to help with a downpayment to purchase). Tell the court the LL has "unclean hands", and should get no relief, no matter what his claims are against you.