Legal Question in Landlord & Tenant Law in California

foreclosed property

the new owners of our property collected rent from us then immediatley issued us a 30 day notice to vacate. we've ben here 3 yrs. they said they changed their minds. they have never been here and have no idea all the things wrong. but they said they didn;t want to rent because it wasn't up to code. there is a long list if things that violate the warranty of habituality. things we didn't cause. i got a checklist of those things from caltenantlaw, because of those things wasn't illegal for them to collect rent from us? shouldn;t we be entitled to that money back? along with our security deposit? without that money it will very hard for us to leave when they want us to. how should go about getting that back in time to move?


Asked on 6/20/08, 12:12 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: foreclosed property

You are entitled to your security deposit 21 days after you vacate. They have every right to ask you to vacate with a 30 day notice It is their property, not yours.

As to violations, you stayed and didn't complain. It would be very unlikely you can collect now, and certainly not from new owners who want to make repairs. You might win a few dollars from old owners, but I doubt it.

Your deposit can be used for:

(1) unpaid rent;

(2) repairing damage caused by you and/or your guests, and not

including ordinary wear and tear;

(3)cleaning, but only if you left the premises dirtier when leaving, than when you moved in.

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Answered on 6/20/08, 12:31 pm
Robert Mccoy Law Office Of Robert McCoy

Re: foreclosed property

Since you have lived there more than one year, you are entitled to a 60 day notice. So, at least for now, you may disregard the 30 day notice as it is not legal.

I would give your landlord written notice now of the habitability issues, and ask the landlord to waive next month's rent. He probably won't do it, but you could at least sue him for a refund based upon the notice you gave him.

If you do not pay your rent, your landlord may give you a 3 day notice, and then file an unlawful detainer which will show up on your credit report, even if you win the case.

As far as not being able to afford to move, you need to talk to the local mission or Catholic Charities. They may be able to give you information to assist you.

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Answered on 6/20/08, 2:12 pm


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