Legal Question in Real Estate Law in California

Before I start I would like to let you know that my questions are extremely time sensitive.

I recently relocated from New York to California. Prior to moving I signed a 3 month lease, which originally I was told would be "month to month". I bit the bullet and signed the lease even though it was not under the original terms.

Recently my roommates and I received a summons stating that our house was in foreclosure and that an auction of our house would take place on 7/11/2013. Now I am in fear that I may pay the rent and be kicked out of my home. I placed a $1000 security deposit on my house. Not only am I in fear that I may lose my home, but I'm an also nervous that I may not receive my security deposit back. Should I pay my rent? Or.. Should I use my use my rent money to make a deposit on a new apartment that is more guaranteed? The landlords never let me know that the house was in forecloser . They did say that the house was under home owners association but never stated that we may lose our place of residence.Not to mention my home is infested with tadpoles that will soon be frogs and many insects. Please give me some advice about what my next step should be.

Asked on 6/29/13, 7:53 pm

2 Answers from Attorneys

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

If you put the search terms 'tenant' 'rights' 'foreclosure' and 'California' into a Web search, you'll find many useful sites that detail tenants' rights under state and federal law. Without any information as to the actual dates your rental agreement was effective and when it expires, I cannot really give you any for-sure tips on how to handle the payment of rent, etc. However, please note that (1) foreclosure auctions sometimes get postponed, and (2) sometimes the buyer at the foreclosure auction doesn't want immediate possession and would prefer to have good tenants remain in place for longer than the law minimally requires.

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Answered on 6/30/13, 4:54 pm

Anthony Roach Law Office of Anthony A. Roach

You've posted a lot of stuff that is inconsistent. Here are some of them: "I signed a 3 month lease which I was told would be month to month." No. A 3 month lease is for a fixed term, and when a fixed term expires, the tenancy becomes a month to month. A month to month tenancy can be ended with a 30 day notice, unless the tenants have occupied the property for one year, in which case a 60 day notice is required.

You state that you received a summons, which is issued in a lawsuit to defendants. But then you state that the "auction" is to take place on July 11, 2013. A lender who is foreclosing on a deed of trust can file a lawsuit to foreclose, but that can take up to 18 months or longer. There is no way with a summons served on you this early that the sale date would be on July 11, 2013, unless the property was being sold through a trustee's sale in what is commonly called nonjudicial foreclosure. But in that situation there would not be a summons.

I can't help you with these inconsistencies. Can you clarify what it is that you actually received?

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Answered on 7/01/13, 3:32 pm

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