My landlord has defaulted on their mortgage, do I still have to pay rent?

My landlord has defaulted on their mortgage, do I still have to pay rent?

This is a frequent question with the number of defaults we're experiencing. The title company shows up to serve notice that the property is being foreclosed on and invariably the tenant calls to ask.

The answer to that question is yes, so long as you would like to keep living there. Your lease agreement is between you and your landlord, not you and the bank.

Once you miss a rent payment your landlord can start the eviction process. In Idaho, if you're living in a property that gets foreclosed on you have 100 days to vacate the property.

However, if the property has been refinanced after your lease was put into place the lender must honor the term of the lease.