Legal Question in Real Estate Law in California

I am currently living in a property that I was renting. About six months ago the landlord informed me that she was in default on the loan and that she would be letting the property go to foreclosure. During this time she is not allowed to collect rent. Last week we have had three major plumbing leaks. Two have happened in spare room and have caused significant damage to the ceiling and walls. I have called a plumber and have had the leaks fixed. My question is do I have to report the damage and if so to who?


Asked on 11/14/11, 12:25 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your renters' insurance carrier.

Read more
Answered on 11/14/11, 12:31 pm

You are wrong that she is not allowed to collect rent. The owner of the property is entitled to their rent as long as they own the property. If the property is foreclosed and you have not paid your rent, the new owner, most likely a bank, will obtain the right to collect the back rent. In addition you will lose the protections of the recent federal laws for tenants in foreclosed properties that gives a minimum of 90 days to relocate. The new owner will be able to evict you immediately. Report the damage to the landlord. If she is still insuring the property she will need to make a claim. If she has let the insurance lapse, then the lender has probably placed forced insurance on the property that may cover the claim, and she can make a claim on that policy, even if she is in foreclosure. Bottom line: until there is a notice of sale followed by an actual foreclosure sale, there is no difference in your relationship with the landlord than if she was paying her mortgage on time in full

Read more
Answered on 11/14/11, 1:43 pm
George Shers Law Offices of Georges H. Shers

Mr. McCormick is entirely correct. After all, the lender at this point only has a lien on the property [although could exercise right to collect rents on failure to pay mortgage if included in loan documents/deed of trust] and is not the owner. As a renter you have to pay someone rent. You want to protect yourself by informing the lender that you are going to pay rent to the current owner and giving them proof of such payments. You also need to get the landlord to tell you if they intend to return your security deposit so that you can tell the lender and when they foreclose they are aware they have to assume the debt of owing you the security deposit.

Read more
Answered on 11/14/11, 4:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California