Legal Question in Real Estate Law in California

The home I rent was sold at a foreclosue sale & I was served a 90 Notice to Terminate Tenancy, am I required to do anything or just be out in 90 days? Do I pay rent during that time?


Asked on 12/31/09, 5:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The purchaser at the foreclosure sale, undoubtedly the lender on the first deed of trust, steps into the shoes of the former landlord. If you had a month to month tenancy, they can give you a notice they will not agree to renew the lease, which is what they have done. Since yuo ar using the premises to live in, of course you have to pay rent, and it is payable to the new owner. There is nothing you need to do except vacate the premises by the 90 days Check to see if they are the owners.

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Answered on 1/05/10, 10:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The notice you received should indicate who the new owner is, or at least who is now managing the property for the new owner. I agree with Mr, Shers that the notice suggests they are not interested in continuing your tenancy any longer than they have to under the law (90 days), but if you can make contact with the person in charge, you might inquire. Also, try to verify where and to whom the rent check should be made out and sent, and that they will refund your security deposit at the end of the 90 days.

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Answered on 1/06/10, 8:59 am


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