Legal Question in Landlord & Tenant Law in California

Stanislaus County, CA house not paid since I moved in 3/13. Owner never advised til Nov decide to sale. Can't save for move expenses and pay rent, but I have. Lease up on 3/14, house in pre-foreclosure up for short sale. Had been harassed anyway possible include threats of bodily harm to threats of slander to employers,until mediator advised owner of rental rights. Work 3 jobs still barely making ends meet, not homes in area rental are $300 to $400more of same size home or smaller. No apartments in area or waiting list, don't want to move kids from school. Both are straight A B students, time off to show property to buyers lowers my checks. After researching all programs available for homeowners hardships, Keep Your Home CA offering owner 5K for TAP program. How is these options available to everyone but the renters, a homeowner forcable puts home in foreclosure, takes full payment from renter including a late fee, then tries to evict it paid late. Constant knocks on door from the for sale sign in front yard or cars parked in front of home taking pictures. Bad credit won't allow me to apply for just anywhere I just don't know what to do. It's so unfair, but I know nothing in life has to be I just need to know what I can do or how can maybe give me a leg to stand on for negotiation. Should I contact the lender and offer then remainder (3mths) of my rent directly? Would I qualify for cash for Keys? Doing research and nothing confirmed but documents might have been fixed to get various approvals. Owner has sworn to place eviction on records said my fault bank found out they didn't live here denied remod loan (I'm researching 1st remod loan 2009 falsified documents might have gotten approval. This is a person to not turn your back to, or never say no to. Because when you do your life will never be the same. Living in fear can make the most confident person paranoid. I can't afford a lawyer and have gotten advice and joined Tenants Together. I need a lawyer willing to help and I in return will continue to fight for the cause. Someone may be so scared they don't know their rights, not only that but enough is enough. Homeowners collecting rent not paying mortgage not letting renter know. Then serve a notice if late but not paying mortgage. Rent needs to go to the bank not the owner, no one lives for free but the rent needs to go where it's intended to pay rent. Then maybe the bank can give the cash for keys to the renter since they were paying until the sale of the property.


Asked on 1/20/14, 9:20 am

1 Answer from Attorneys

There are two reasons you have no legal case. 1. The landlord has no obligation to the tenant to pay the mortgage. If a landlord doesn't pay the bank, the tenant's rights don't change in any way. If the bank forecloses the tenants still have the right to live out the term of their lease. In fact, if they are month to month the tenant is BETTER off, because the new owner must give them 90-days or cash for keys, whereas if the landlord just sells to another landlord, or even if they don't sell, they can throw a tenant out in 30 days. 2. Your lease is up 3/14. You never had any legal right to live there past then unless the landlord wanted to let you sign a new lease or go month-to-month. But even then you would have no legal right to stay beyond the new lease end date, or the next month, if the landlord did not want to let you. You still have a legal right to live there until 3/14 as long as you pay the rent to whomever owns the property each time rent comes due. If the bank forecloses before 3/14, you actually will have a little more time, since you will get the 90-days from foreclosure. If the bank does not foreclose you still have the same 3/14 deadline that you had all along from the day you moved in.

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Answered on 1/20/14, 9:35 am


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