QUESTION

I''m renting a room in a condo with 2 other guys. I''ve been led to believe the landlord intends on leaving on the 1st after collecting ren.

Asked on Feb 25th, 2012 on Business Law - Florida
More details to this question:
There no contract between us all and the landlord. I believe he stopped paying the mortgage and plans on letting the bank take the condo. I also think he doesn''t plan on paying the water or electric (he went from being frugal to wasteful with them all of a sudden). Is there anything I can do if he leaves? Or should I just not pay him?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, a tenant cannot use a landlord's breach of his duties under his mortgage as an excuse to refuse to pay rent. To the contrary, the tenant receives the benefit of his bargain -- the right to use and occupy the space -- whether the landlord discharges his duties to third parties or not. It is not clear what you mean by "leaves" in the context of your question. Whether or not this landlord continues in occupancy of all or a portion of the rented space, he is still the owner, and you must still pay him for your use and occupancy.
Answered on Feb 26th, 2012 at 8:56 AM

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