Legal Question in Landlord & Tenant Law in California

landlord in bankruptcy

i have been recieving notices that my building is in foreclosure. i have been paying my rent. he has given me a 3 day or quit. i don't know if i should pay him rent or save to move out. we are on public asst. and have three small kids. please help


Asked on 6/08/09, 12:13 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: landlord in bankruptcy

First, is the landlord in bankruptcy or foreclosure - they are two entirely different things. If in Bankruptcy, you need to contact the Trustee of his bankruptcy to determine if you should be making rent payments to the Trustee and not your landlord. If the building is in foreclosure, you must still pay rent to the landlord until such time as the bank actually sells the property. Failure to pay rent before the bank sells it can and will get you evicted. The bank has to give you sixty (60) days notice after they sell the property before you will have to move - that should be plenty of time to save for moving as banks rarely require you to pay them rent - they just want you out.

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Answered on 6/08/09, 1:20 pm


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