Legal Question in Landlord & Tenant Law in California

landlord is in preforeclosure on the house I rent

About 3 months ago we started to receive numerous letters in the mail about forclosures, after doing some research and looking online we found that as of 10-11-07 Our house that we are currently renting is showing that it is in pre-forclosure. We have tried to contact the owner 6 different times and we were hung up on, we have also left messages and have recieved no phone calls back. What are our rights?


Asked on 11/08/07, 12:34 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord is in preforeclosure on the house I rent

You are most likely involved in a non-judicial foreclosure. This means the owner has approximately 125 days (actually 120 days plus an additional 5 day period) to reach some kind of settlement, or the house will be auctioned to the highest bidder.

There are a few other possibilities, but that is the bottom line.

It doesn't always mean you are forced to leave, but the new owner may not want to have you remain, and you will be given 30 days notice to vacate.

Your deposit will not be lost, as it goes along with the sale, and the new owner is responsible for returning the deposit.

Obviously, your landlord isn't very polite (to put it mildly), but I have outlined your limited rights above.

I would look for a new place ASAP, and get ready to vacate, if I were you. Again, however, I am not privy to the date of the filing of the foreclosure, and you do have a bit over 4 months (unless by some miracle the owner comes up with the cash).

There are a few other alternatives.

Please e-mail my office, if you need more.

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Answered on 11/08/07, 8:49 am


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