Legal Question in Landlord & Tenant Law in California

Re: land lording/tenant rights

I am extremely busy this morning, but will get back to you ASAP. Thank you for your patience.

Re: land lording/tenant rights

Foreclosure changes the rules of basic landlord tenant law. You DO have to give 30 day notice.

The enclosed covers a lot of foreclosure's changes and rules (from a legal guide concerning foreclosures).

Just because you have been paying your rent doesn't mean that your landlord has been paying his

mortgage. Many people trying to get rich quick in real estate over the past decade have found

themselves scrambling to cover the mortgages, often "robbing Peter to pay Paul". As a result, you

may find yourself being evicted by the bank after the foreclosure sale, having done no wrong.

Similarly, you may have been the owner of a home who, through job loss, family illness, or

otherwise, found yourself facing foreclosure and eviction from what was once your home. Finally,

you may have been the lawful owner who was hoodwinked by real estate con men who had you sign some papers and are now evicting you, when they had promised to help you refinance. In any of

these cases, all hope is not lost.

After the "Trustee's Sale" which concludes the foreclosure, the new owner [which is sometimes the foreclosing bank] cannot legally take possession without then going through the eviction process. As with the other kinds of evictions, the process does take time, during which you can sort out your options. The former owner is entitled to a 3-day notice, and any tenant of the former owner is entitled to 30 days' notice, before the eviction lawsuit can be filed. If you are such a tenant, but get only a 3-day notice, you have a tactical advantage when you start fighting the eviction. Also, there are remedies for any improprieties in real estate swindles, such as reversing the title in "equity purchases", and raising the fraud as an eviction defense. Your lawyer can explain the details of these approaches and help you decide how best to handle the problem.

For those former owners of what became "over-encumbered" homes [i.e., you owe on it more than it's worth], you should be aware that the foreclosure does not end your financial plight. To the extent

that the unpaid portion of your mortgage was not satisfied by trustee's sale of your property, you

were released from a debt - and that is taxable income.

As a result, many former homeowners are forced into bankruptcy to avoid the tax consequences of the foreclosure and truly get a fresh start. If you are contemplating filing bankruptcy, you would want to coordinate that with any other legal actions you may be involved with, including evictions, as well as the timing of the foreclosure sale, for maximum beneficial effect to you. Your attorney can explain how it is done, and help you decide whether or when to file bankruptcy.

Feel free to e-mail or call me if you need an attorney's services.

Good luck!

Re: land lording/tenant rights

You can give a 3 day notice to pay rent or quit. After 3 days, an unlawful detainer can be filed. Please call me if you have any other questions.