Legal Question in Real Estate Law in Utah

RE: Tenants no paying follow up

I asked a question last night in regards to tenants not paying on a lease because they thought I was going to lose the home. I stated that I had an agreement with the bank that they would take partial payment. If I don't have that in writing from the bank are the tenants still required to pay the rent? I've understood that if I was to lose the home the new owner would have to honor the original lease agreement?

Thanks,

Josh


Asked on 2/12/08, 10:21 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: RE: Tenants no paying follow up

The tenants are required to pay rent regardless of your status with your lender. Evict them and get new tenants, then go after the old tenants for the past rent. The lease agreement binds the tenants to pay whomever the owner is.

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Answered on 2/12/08, 11:13 am
Mel Larew

Re: RE: Tenants no paying follow up

As for obligation to pay rent, your contract and equity requires that they pay for what they receive.

The lease should speak for itself. What the bank does or does not do is likely irrelevant to your tenants' obligation to pay rent.

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Answered on 2/12/08, 2:08 pm


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