Legal Question in Landlord & Tenant Law in California
Owner defaults on mortgage on house I'm renting - what are my renter's rights
We are renting a house from an owner who defaulted on the mortgage which they carry on this house. We are now receiving notices from a party who is telling us that we have ''3 days to pay or quit'' and that we have to pay him the sum of $1000.00. He also left on our door an incomplete ''Landlord's and Tenant's Agreement'' Lease form with the option to purchase the property within 3 months. These papers are not coming from our known landlord and we do not know who this person is but we know that he is somehow connected to the landlord with regards to the property. We have tried contacting the landlord who we having been paying rent to for the past 4 years, but have yet to recieve a response. What rights do we have as the renters of this house? We have a signed year by year lease contract which should take us through April 2005.
2 Answers from Attorneys
Re: Owner defaults on mortgage on house I'm renting - what are my renter's right
Unless your lease has been recorded, if a forelcosure is completed you can be given a notice to quit (30 day) even if you have a lease. If you are current on your rent, I do not see how you received a notice. You can contact our office for consultation at 714 363 0220.
Re: Owner defaults on mortgage on house I'm renting - what are my renter's right
Has there been a foreclosure? If not, the person who is owed money must take very specific steps to demand payments be made to him, and the loan that he made must have an assignment of rents clause.
As a tenant, you have rights, and he cannot make any demands against you unless he can show that he is a successor in interest or had assignment of rents. Your lease should still be valid.
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