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Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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we recieve a letter today from court saying that the duplex

Customer Question

we recieve a letter today from court saying that the duplex we been renting for a year its in forelosure the landlord has been pocketing our money for months. the letter its giving landlord 20 days to answer back to the lawsuit.this claim has the landlord signature all over the package of paper that we recieve. he owes 187,999. i know we have to move out in a couple of months, but do we have to pay rent? what should we do? what are our rights?















Submitted: 8 years ago.
Category: Legal
Expert:  MShore replied 8 years ago.
The answer really depends on the terms of your lease agreement. In the unlikely event the lease contains a provisions stipulating that the landlord's breach does not give rise to your ability withhold payment, then you are still obligated to make your monthly rental payments. If your lease agreement does not contain such a right to withhold provision, then you are free to discontinue rental payments and begin the process of filing suit against the landlord for breach of the lease agreement. You would then seek a judgment against the landlord for breach of the lease agreement, in addition to any other equitable relief the court may grant you. I hope this answers your question. If I have answered your question, please be sure the click "Accept." If I have not answered your question, please feel free to contact me and I will elaborate. Thank you.