Legal Question in Landlord & Tenant Law in California

We have lived in a rental house for 4 years now. The house is going into foreclosure because the landlord has not paid their mortgage in over 6 months. We were paying 1400. and when we spoke with the landlord they said that since they are not paying the mortgage we can pay them 700. Now they want the 1400 again. The mortgage company thinks that they are living in the home. They do not know that it is a rental. The landlord gave us a three day notice. What can we do? What are our rights? Can we contact the bank and offer to pay them the rent? Help!!!!


Asked on 1/21/10, 11:26 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

By contacting the bank you certainly won't be in any worse position. And although I do not handle landlord tenant matters and am not familiar with all of those intricacies, it may be a violation of law for the landlord to have taken your money and not paid the mortgage. Of course the bank will not be thrilled to hear you knew about the landlord's theft of its money and went along with it, so realize that you are partly at fault.

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Answered on 1/27/10, 7:52 am


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