Legal Question in Landlord & Tenant Law in California

Re: landlord in foreclosure and chapter 7

First, you cannot press criminal charges for any of the actions you describe - these are civil disputes, and no district attorney will take them on. Second, with respect to the bankruptcy, until someone from the Court or the US Trustee's office, or the Chapter 7 Trustee's office notifies you officially otherwise, you must continue to pay rent to the landlord - his bankruptcy is irrelevant to your obligations as a tenant. As for the contract to buy, I am assuming that the landlord will reject the contract in his bankruptcy, which effectively means you are out of luck. You can attempt to file a claim for damages for his failure to honor the agreement in the bankruptcy, but if he is like most Chapter 7 bankruptcy debtors, there will be no payment of any claims. You will want to consult with a local bankruptcy attorney to determine if there is any value in your pursuing a claim. You may also attempt to file a complaint in the Bankruptcy Court seeking specific performance of the option, however, you will again need to consult with a local bankruptcy attorney as the action will now have to be filed in Bankruptcy Court. Finally, the lender can do nothing to foreclose on the home, or sell it to you without bankruptcy court approval.

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