Legal Question in Landlord & Tenant Law in California

Renting a home that is in foreclosure and is about to be auctioned.

My roommates and I are in a situation that we are getting a ton of conflicting advise on. We currently are renting a home here in Los Angeles, which is in foreclosure and is set to be auctioned on February 10th. Our current lease runs through the end of May and according to our landlord ''will continue to be owned by her.'' She is not forthcoming with any details on this situation and we feel very much in the dark as to the status of our home. We've contacted the bank leaving the notices, and they have confirmed that payments have not been made in 3 months. The basic question is, should we pay this months rent to our current landlord and risk losing our deposit. Or do we have the right to notify her to use our deposit for the this month, not pay her, and risk what ever repercussion may come of it? And a breif follow up question. What can she do if we do not pay her and she in fact does lose the house on the 10th? Thank you for any advice.


Asked on 2/02/09, 7:23 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Renting a home that is in foreclosure and is about to be auctioned.

Pay rent to the new owner when that happens. Pay rent to the old owner until then. As for the security deposit, more than likely she doesn't still have it.

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Answered on 2/02/09, 9:14 pm


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