Legal Question in Landlord & Tenant Law in California

Is it legal to charge for room rent in a house if it is in foreclosure and up for auction. The owner has not made any house payments for over 4 months and has filed for bankruptcy?


Asked on 9/17/09, 10:42 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Until the property is actually sold at a foreclosure auction, it is still owned by the original owner, so rent can be charged by him. You certainly are not suggesting that once the foreclosure process begins that you do not owe rent to anyone; since the lender has not yet gailned title, the rent would be payable to the original owner. The back mortgage payments are still owed to the lender, but that is an issue between the lender and the borrower and not you.

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Answered on 9/18/09, 12:47 am


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