Legal Question in Landlord & Tenant Law in California

Landlord is going through foreclosure

I have a leae and the land lord is not paying the bank and foreclosure proceedings are starting do I have cause to break the lease, or to not pay rent directly to the landlord, do I need to set up an escrow account to pay my rent into. do I have any legal recourse against the landlord


Asked on 4/08/08, 6:44 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord is going through foreclosure

Mr. Cohen has given excellent advice.

At present you cannot break the lease, and do not need an escrow account, and there is no legal recourse against the landlord.

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Answered on 4/09/08, 7:36 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord is going through foreclosure

Until you are notified that the property has been foreclosed, you should continue to pay rent pursuant to your lease agreement. At least one locale has an ordinance preventing eviction of pre-existing leaseholders from foreclosed property. Others make it exceedingly difficult. In any case, if you wish to stay after the foreclosure, you can try to work with the buyer on a new rental agreement, or your tenancy could be terminated, depending on the buyer's policy. Good luck! Your scenario, unfortunately, is becoming quite common.

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Answered on 4/08/08, 11:42 am


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