Legal Question in Landlord & Tenant Law in California

My Landlord just served me with a notice that states that I have 3 days to move out because I didn't pay the rent for March. The reason I didn't pay him the rent is because a representative from a Bank came to my door and told my Mother that we should NOT pay our Landlord rent because the house is in foreclosure and is being auctioned off and that they would get in touch with us soon. The problem with that is that we haven't heard anything from any Bank since 2/28/2010 so what I did was to go in to the internet and try to find out if the house is up for auction, and it turns out that it IS I went to TracRealty.com and it lists the starting bid and it states that in fact it IS up for Auction and its on the second step of foreclosure. I have family and a five year old daughter who is Autistic that resides with me and she doesn't do well with sudden changes and I am afraid I will be with out a place to live within the next 3 days! Can you please give me some advice as to what I can do to not loose my home, or what my rights are if any? thank you in advance for any help you might be able to provide me.

Sincerely,

Rafael Alfaro


Asked on 3/12/10, 2:11 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You have three days to pay the rent or quit. If you've saved the money, pay the rent. If you haven't, talk to the landlord, explain the situation, and try to work it out. Just because it's in foreclosure doesn't mean that you don't have an obligation. The person at the bank never should have given you advice. Of course, if you're still there when it is foreclosed, provide the bank with all it needs -- including your rental agreement, copies of rent payment checks, etc., if you want to remain there.

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Answered on 3/17/10, 2:58 pm

Mr. Cohen is right. Until the foreclosure goes through, you are obligated to pay the rent to the landlord. Once the bank owns the property, then you will have to negotiate with the bank for an orderly departure, or to rent from the bank if they are willing.

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Answered on 3/18/10, 11:02 am


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