Legal Question in Real Estate Law in California

Can I sue my previous land lord for rent paid after the house I was renting was sold at auctioned? I sent the rent check on the 1st of Febraury, the house was sold on the 6th.


Asked on 2/08/12, 10:56 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No. On February 1, the house still belonged to said previous landlord. You had an obligation to pay rent; you paid it to the person specified in your rental agreement. It is not the tenant's role to guess the outcome of a sale. If you are evicted by the new owner before February 29th, you might have a cause of action (reason to sue) for refund of the unused balance. The previous owner/landlord will (in theory, anyway) have to settle up.with the buyer at the foreclosure sale as to the rent money for Febr. 7 - 29th, but so long as you are in possession you don't have a claim against anyone for the prepaid rent.

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Answered on 2/09/12, 10:52 am

I think Mr. Whipple is right, but I found his answer a bit hard to follow. The simple version is that the old owner is entitled to rent until the property sold, and new owner is entitled to rent from the 6th on. They can demand it from you or from the previous owner, since the rent was prepaid through the end of the month. If they demand it from you, THEN you could sue the former landlord. Otherwise it is not your concern.

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Answered on 2/09/12, 1:24 pm


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