Legal Question in Landlord & Tenant Law in California
if the landlord in default on his mortgate do I as a tenant have to pay rent to him?
2 Answers from Attorneys
Of course you do. He is still the owner of the property until there is a foreclosure sale. What his economic status is to his lender is not related to you. Why should you be able to live there and not pay rent to someone? What if your landlord died? Do you feel you do not have to pay any rent until someone else actually inherits the property?
Mr. Shers is quite correct. Of course you owe him rent as long as he owns the property. You have no idea if he will cure the default. What if he does? You think you get to live rent free until he decides what to do? Until the gavel falls on a foreclosure sale, he owns the property and you owe him rent. The only exception is if the lender chose to invoke a clause in the standard deeds of trust that allow the lender to collect rents rather than foreclose. Only if you get a notice from the lender to pay the lender the rent (which I have never seen done in over 20 years of real estate law practice) you owe the rent to the landlord.