Legal Question in Landlord & Tenant Law in California

forclosure home

I have been renting this home just over 3mnths, I just recieved a notice that it will be forclosed. what are m rights at this point? I'm I obligated to still pay rent?


Asked on 6/01/09, 12:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: forclosure home

You need to pay rent until the foreclosure sale takes place, at which time, the bank will probably give you a sixty day notice to vacate. At that point, you can contact the bank and ask if they will continue leasing to you, and if they won't will they pay you to leave early (before the sixty days are up). I hear of tenants getting several thousand dollars from banks to leave early, but that is totally voluntary on the bank's part - just trying to get the property on the market sooner, and not all banks will do that.

You may have a claim against the current owner as they rented to you knowing that they were losing the home in foreclosure (possibly fraud), and if you signed a term lease, they may be breaching the lease by letting it go into foreclosure. You may wish to consult with an attorney to determine your rights.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/01/09, 6:28 pm


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