Legal Question in Landlord & Tenant Law in California

Re: eviction

If I were in your shoes, I would file an answer to the lawsuit. Allege as defenses (1) rent skimming by the landlord (not a real defense to the eviction, but raise it anyway), (2) that the plaintiff is not the correct party in interest as he/she no longer owns the property (by the time you get to a trial, hopefully the bank will have foreclosed, and you will be correct that possession is no longer an issue, and (3) any other defenses based upon the information you have not provided in this post (inhabitable conditions, incorrect three (3) day notice, defective service of the notice, etc...). After you file your answer, contact the landlord and offer to pay the rent through the date of the foreclosure sale - you do technically owe rent for as long as he/she owns the property.

That will eliminate the monetary issues in the eviction, and leave possession as the sole issue. Make sure, as a part of settling the debt, you get them to either dismiss entirely, or enter into a settlement agreement in the lawsuit so it is stayed from going forward. Once the plaintiff (landlord) no longer owns the home, they cannot continue to pursue a judgment for possession - they are no longer the correct party for the action to proceed. The key is this - you want to remain in possession of the property until the bank forecloses. Banks have to give you a sixty (60) day notice to quit the property. During that time, they are generally not charging tenants rent. Further, they are offering "cash for keys" in many instances - I just saw one where if the tenant moved within 30 days of the foreclosure, the bank was going to pay them $5,000 in moving fees and costs. If you can hang in there, even if you don't take the keys for cash deal (or its not offered), at least you will have sixty days to find a new place to live and save for a deposit. Freddie Mac (an insurer and purchaser of loans) has also been offering to continue to rent to tenants, so you might not have to move - don't count on that as I have only seen it offered a few times.

Technically, the landlord is right, so you just need to figure out how to not get evicted before the bank takes the property back. Do not let a judgment of possession be entered against you, as they Sheriff will evict you even if the bank has foreclosed and the plaintiff in the UD is no longer the owner of the property. Good luck.

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