Legal Question in Real Estate Law in California

The house I'm renting with a couple roommates is being foreclosed on and we have to be out by early January. Can the bank come after us for cleaning fees after we leave?

One of the roommates has already moved out and found another place. He left some boxes and other miscellaneous crap in his room. There are a couple small to medium sized stains on the carpet and some stains/marks on the wall from furniture. By no means a huge mess and no serious damage but I'm still a little nervous that the bank could come after us for cleaning fees. I'm not too worried about it because our lease was with the owners, not the bank, and we already got our deposits back; however, if it's likely that they would want to recoup some of the cleaning costs from us, I'd want to make more of an effort to straighten up before we clear out.

Thanks in advance.


Asked on 12/29/09, 8:25 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

The bank steps into the exact role of the prior landlord/owner and is subject to the same requirements. The lease remains as agreed to, merely the name of the owner changes. Sales often get postponed so ask for proof of sale from the bank. The security deposits should have been turned over to the bank once the foreclosure sale occurs as that is an assets of the property owner. You can not be given notice of the cancelation of the month to month tenancy until the bank actually gets the property back at the foreclosure sale. The bank can come after you for clean up costs but I doubt there is much chance they will. They will be happy you did not destroy the inside of the rental unit.

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Answered on 1/03/10, 8:57 pm
Melvin C. Belli The Belli Law Firm

I agree with George. Under the new Federal law if you are on a month to month you get 90 days to move and if you have a lease you can stay until the lease expires. Make sure the property was actually sold , because the banks and their real estate agents do not always tell you the truth.

As far as the security deposit goes unless it is a real big problem they won't bother you all they want is possession of the house as fast as possible.

Good luck.

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Answered on 1/04/10, 9:23 am


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