Expert: Bill Iannelli - 10/15/2009

Question
I am being threatened eviction from my landlord.  I am currently 15 days late on rent.  I have had an issue free experience with this home for the past 2 1/2 years.  However, recently the landlord has been acting strangely, telling me to pay the rent to him instead of the property manager, then changing his mind and telling me to pay the property manager, then accusing me of not paying the one month I did pay directly to him, even though I have proof of him cashing the checks.  Anyway, I haven't paid rent this month yet because in addition to all of that, notice has been mailed to my address that he is behind on his mortgage.  Here are my questions.
1. Do I have the right to withhold rent to make sure the mortgage is being paid so I don't continue to send money down a black hole?
2.  If I choose to not pay rent, how fast will I be evicted?  

Any help you can give me will be greatly appreciated, thanks!

Answer
You still have to live up to the terms and conditions of your lease with regard to paying rent.  Of course so does the owner.  If he is planning on letting the house go you need to have that conversation.  You deposit money could be at risk, try and work out a fair deal to all parties.  Perhaps reduced rent up until the sale date of the house.  Maybe the deposit goes to the last months rent.  Find out what his intentions are. For eviction he will have to serve and or mail you a five day "Notice of intent to terminate lease for non payment of rent".  After five days he would go to court and obtain a court date.  You will be served with date and time of court. You can show up and speak your piece but usually the judge will go by the lease agreement and ask you to leave or work it out with owner.  That process will take 3 weeks at least.  Nothing can be done to evict you unless this process is followed.  I also would make payments according to what my lease reads unless otherwise noted in writing.