Legal Question in Landlord & Tenant Law in California
Eviction!!
We are being evicted from a house we have been renting for almost 1 year. We found out the owner was loosing his house to foreclosure, nobody in the property management company advised us, our concern was the sec deposit of $4,000, they told us that they would hold 2 months rent from the owner to secure our deposit. Witch we later found out would not be the case.
The owner filed for eviction, and the sheriff is already comming to lock us out.
But the thing is, the house was sold at auction after the eviction was filed, now the new owner(the bank) has contacted us and offerd us cash for keys to move out in 2 weeks!
So my question is:
What has more legal validity, the eviction(from the old owner) or the new owners agreement?
Will the sheriff still lock us out if the broker for the new owner is here??
Thanks for your help, we are in a hard spot.
1 Answer from Attorneys
Re: Eviction!!
DO NOT PANIC These situations are now the norm in California.
First, the new owners (bank) are responsible for refunding the deposit. I'd rather be owed by a bank, than a broke landlord.
The bank is offering you another common situation called "keys for cash". It would cost them close to $1,000 to evict you, and then, of course, they would get possession quicker than waiting for the end of your lease.
At this point the old owner has lost his "standing" to sue, since he no longer owns the property. The sheriff will probably drop the action.
It might be better to retain an attorney to help with with the court papers as well as the sheriff.
Good luck! Please feel free to e-mail my office, if you need more help.
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