Legal Question in Landlord & Tenant Law in California
legal help
landlord skipped town with deposit, house in foreclosure. had a person at the door tonight trying to serve an unlawful detainer. What are our rights and what do we do to avoid being evicted and have time to find a place to move?
2 Answers from Attorneys
Re: legal help
I'm really sorry to say that your rights are minimal. First, were you given a 60 day notice to quit by the lender? If not, you may be able to defend the Unlawful Detainer on the basis of lack of notice. If you were served with it, then you really have no defense to the unlawful detainer and should work something out with the lender to get moved out without the lawsuit being prosecuted. A judgment against you will not help you find a new place to live. Good luck.
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Re: legal help
If the house has not been foreclosed on then you can not be evicted by the lender; only the actual owner of the proprety can serve you with an eviction notice. That they have attempted to do so means that the property has likely been foreclosed on. Contact the lender and see what can be worked out, but you are in a very difficult situation. Lenders will, when pressed, often give some money to get you to leave without their having to spend the money on eviction. See if the know where the landlord is so you can consider suing him for the deposit if he has any money.