Legal Question in Landlord & Tenant Law in California

Re: Month to month renter needs advice on forclosure home!

If the owner of the home has abandoned it, and it going to let it be foreclosed by her lender, then I doubt she is going to follow through with her threats to change the locks - that's not a cheap proposition, and she probably won't spend the money.

How long have you lived there? If less than 1 year, then the 30 day notice was technically correct, and you should move by the end of today. If you have lived there more than 1 year, then the notice is defective, because she must give you 60 days notice to terminate your tenancy. Irrespective, she cannot exercise "self-help" by locking you out, nor can or will the bank who acquires the property in foreclosure. After the notice expires, the landlord then has to file an eviction action to remove you from the property. Again, that costs money, and I doubt she will spend it. If you are still in the house by the time the bank forecloses, then the bank will give you a sixty (60) day notice to quit the property. They often will then come and offer you "cash for keys", i.e., they will pay you to leave early, and without trashing the house. Different banks do different things, so don't bank on that money.

First thing to do is see if you can get the utilities transferred into your name so that they do not get shut off. Second, notify the landlord that you do not intend to vacate the premises, and if she attempts to lock you out, you will protect your rights including possibly a lawsuit against her for wrongful eviction (landlord self-help). You are going to have to ultimately move, but you may be able to stretch this out for a while to save some money to be ready to move.

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