Legal Question in Landlord & Tenant Law in California

Foreclosure on Rental Home

We were just notified the homeowner has not paid the mortgage for over 90 days, the rent is due next week, do we legally have to pay him rent know the house is in default?


Asked on 6/09/07, 9:39 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Foreclosure on Rental Home

Yes, you definitely still must pay rent or you can be evicted. Your are not pat of the contract between the landlord and the lender; you do not receive either the benefit or detriment of that agreement. Since you do not pay the monthly mortgage bill, you get no portion of the ownership of the property. The landlord remains the owner of the house until the lender has actually foreclosed on the property. You have to continue paying rent while you live there.

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Answered on 6/09/07, 11:26 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Foreclosure on Rental Home

Absolutely. You don't get a free ride, because homeowner is defaulting. You have a binding contract, and it will affect your credit history, apart from the legal obligation. Pay it!

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Answered on 6/10/07, 1:02 pm


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