Legal Question in Landlord & Tenant Law in California

i'm a tenant caught in foreclosure in the last stage b4 knowing if i'm homeless. Auction was on 11 09 11.and has been postponed a month by temp restraining order by owner. Nothing has been given to me with info by owner I just been doin my homrwork. Owner wants rent or b evicted, I applied our deposit towards 9 days of rent prorated before sale date. But owner from getgo denied foreclosure and has nothing proving it. Last I know is the notice of sale letter from bank. owner is aggressive and sneaky and wants it both ways at the tenant expense. I am waiting for official proof before handing more money that I need if I am evicted by new owner. The owner had some lawyer not a real one later admitted confront the other tenant with a document to sign and move out in 30 days. if not signed he this fraud lawyer will sign it for him admitting he knows his signature. It's all on tape recorded on ifone and sec. Camera on site. Not sure if video was in range. I wasn't available when ths happened nor left any letter with the same proposal from owner. I am stressed out with owner being mad at me like I am ripping them off and put them in foreclisure. Heko just feel the ownet is gonna pull a fast scumbag move putting us tenants out on strret cuz they want it both ways can I protect my rights and file some complaint from further confrontations while I wait for sale to take place and again may be postponed if owner has another fast move that applies. I know I am luable to pay rent. However not til I am given the proof all this from owner what is really goin on. I risk eviction I may accept if I can b certain it will b past sale date squashing the whole matter. LIve in hawthorne. CA thx for ur time


Asked on 11/12/11, 4:55 am

1 Answer from Attorneys
Phyllis Voisenat Phyllis Voisenat, Esq.

Your rights depend in part on whether you have a lease. If you have a lease, your lease would remain in place, except some circumstances. If you do not have a lease, the new owner would be entitled to evict you. They would have to give you 60 days notice, and maybe 90 if you qualify under federal law. However, if you are in default, don't pay, then the rules of eviction based on default would apply. So you should pay your rent to the current owner, and keep records of payment. It may be the owner is trying to do a loan mod to stop foreclosure and is relying on the rental income to do so. If the landlord can't make the loan mod. payments,then you both lose.

If you are worried about moving money, new owner often offer "cash for keys". This means they offer moving money in exchange for agreement to leave so they same time and avoid eviction lawsuit.

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Answered on 11/16/11, 8:39 am


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