Legal Question in Landlord & Tenant Law in California
Person we paid rent to ''Owner'' is not the name on - Foreclosure notices
We Leased house from a Property Manager stipulating a 1 year lease and specifically seeking ''long-term'' renter's as top quality's. Since this was also our hopes, we had a good agreement. Prior to last month of lease, we told that we had 60 day notice ''tentatively'' because of potential divorce of the ''owner's'' and the 'wife' wanted to move back. A few weeks later we received a formal ''written notice'' from the Prop. Mgr. Pointing out the time differences of the 60 notices. ''Verbal notice'' put us to vacate Dec.25!, he graced us the holiday. We asked for more time and consideration of the timing. But the Property Mgr. cited his position as neutrality and job as mere messenger. He said he would try, and a few weeks later we received ''written 60-day Notice''. We acknowledged
the notice but disagreed about the start of 60-days was the formal written not his verbal 20 days.The ''owner'' came to the house and introduced himself and said he would accept our extention and send rents to him. We have since now the house is in pre-foreclosure deficient of almost the exact amount we paid.(Jan.-May) And Foreclosure notices do no bear his name only his name. Last week a ''For Sale '' sign and yesterday a 30-day notice signed Not the ''owner's ?
1 Answer from Attorneys
Re: Person we paid rent to ''Owner'' is not the name on - Foreclosure notices
The owner of the house may have the rent paid to a managment company or manager who then forwards it to the actual owner. The fact that the names are different is not as troubling as the rest of the story.
You are entitled to 60 days written notice. If you've been there a year, you should insist on the full 60 days, counting from when the owner or his agent served you with the written notice.
It's obvious that someone has been collecting the rents and not paying the mortgage. There are companies that specialize in taking over properties in distress, collecting the rents and allowing the property to go into foreclosure because they have no recorded interest in the property. The foreclosure notices are probably in the name of the record owner, and not the person to whom you've been paying rent.
Expect a new "owner" soon, who may or may not allow you to stay as tenants. I would suggest you start looking around for new lodging as soon as possible, as your situation is tenuous at best.
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