California  |  Landlord & Tenant Law

Legal Question

Asked on: 9/16/10, 11:23 am

I have been paying rent of $2400 for the last 2 years consecutive. The last 4 months have been month to month due to my lease expiring. Just recently I was given a 30 day notice to vacate which later changed to 60 day notice. I was told the property was up for sale. The property I later found out is a short sale. An all cash buyer has made an offer and is wanting to close in the next 45 days. My question is can the owner still except my rent payment knowing the property is in a short sale situation and is over 3 months behind in their payments? The reason I know this is I was getting mail from Wells Fargo and harassing knocks at the door at all hours of the day and night from a processor trying to get ahold of the owners to serve them court documents. I saw the one document stating they are over 3 months behind with the bank. I confronted my neighbor who reresents the owners as the listing agent and watches the property and takes the check for the sellers. She denied the sellers were behind on their payments until I showed her the documents and mail left behind. Her comment was they probably need the money. Well thats obviuos I said and concerned about my $3,000 depoist due when I move out. I am currently in the process of moving out and not sure about paying the $2400 for my last month of occupancy? The neighbor said I could stay until the close of escrow which is another 2 to 3 weeks from now but have to pay the rent regardless of the sellers not paying the bank.

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