Legal Question in Landlord & Tenant Law in California

What do i need to do in this case: We have rented for almost 2 years from someone who owes much more on her home than it is worth and has decided to let it go into foreclosure. As of last month we have had to paid no rent. It has been in "pre-foreclosure" and we just received official notice last week that we can anticipate contact from subsequent owner of home. Our lease is month-to-month. Our deposit is (apparently) not going to be repaid unless we sue the owner who rented to us, which we do not wish to do. I am concerned about potential losses (financially and logistically, or to do with the amount of time we are able to stay) due to lack of knowledge of the law. Can you help?


Asked on 12/13/10, 11:46 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The new owner takes the property over subject to all contracts already entered into before the purchase. So you ae month to month tenants as to the new owner show must give you 60 days notice to vacate. But you also must obey the contracts you entered into, which includes paying rent, unless the owner has waived such payments. Why should you be able to live theri rent free? The current owner does owe you the security deposit back if she does not send you a letter within 21 days of your moving out.

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Answered on 12/19/10, 6:40 am


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