Legal Question in Real Estate Law in California
My landlord is in chapter 13 and facing foreclosure....for the past 10 months he has been collecting rent from me and the other tenants, however, recently he has moved all of his belonging from the premises and says he may have to move anytime. Should we continue paying rent? What rights do we have? California
Asked on 9/05/12, 4:37 pm
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You have to pay rent to the landlord until the actual foreclosure sale happens - meaning a completed trustee's sale. If you don't pay rent, the landlord has grounds to file an unlawful detainer action. If he is in Chapter 13, you need to be concerned with whether you are to pay rent to the landlord directly, or to an appointed bankruptcy trustee. Don't confuse the bankruptcy trustee with the trustee under the deed of trust.
Answered on 9/08/12, 9:11 am
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