Legal Question in Landlord & Tenant Law in California
the home Im renting
hello my question is this I have lived in my home for 4 months and i got a phone call last night from my land lord and she told me that the bank was going to put some kind of key thing on my door so that they could come in and show my house to people well i dont like the ideal of stangers comming in to my home when ever they want and i did not know nothing about the bank becoming the new owners of the house so i want to know if i have to let them come and go any time they want when ever they want and when do i have to be out can you help please thank you
2 Answers from Attorneys
Re: the home Im renting
First, you need to find out who owns the home right now. Banks don't generally "show" property unless it has been foreclosed and the bank now owns it. If the home has been foreclosed, then stop making any rent payments to the landlord. Second, contact the bank and discuss with them what they plan to do with the property - i.e., can you work out an arrangement to remain in the property as the bank's tenant until they sell it. If they allow you to stay (which isn't real common - you may get evicted soon), then you will have to cooperate with them in showing the home for sale, because they are not in the business of holding properties for rent - they want to sell it and get their money back as soon as possible. I'd consider starting to look for a new place to live, because you'll be pretty fortunate if the bank lets you continue on as their tenant. Finally, if the bank now owns it, then send a letter to the former landlord demanding return of your security deposit, as he should have transferred it to the bank as new owner (which you know he didn't do). If you don't get it within 21 days, sue him in Small Claims Court.
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Re: the home Im renting
Hello to you, also!
The bank has most likely foreclosed. The "key thing" is probably for real estate agents showing the house to prospective buyers.
As to landlord, or bank's agents entering, the law is: (1) an emergency; (2) to make necessary or agreed upon repairs,; *(3) to show the unit; (4) if you have abandoned; (and 5) a court order.
The hours should be reasonable to you, and not any time they wish.
At this point, they have not asked you to leave, and it is possible to go to the end of the lease.
You are very welcome.