Legal Question in Landlord & Tenant Law in California

I received notice from my landlord today that he is going to let the house that I have been leasing to own for two years in go into foreclosure. In my lease to own agreement, it states that when he wants to sell the home that I would have $24,000 taken off the price of the home. He is so upside down on the house that there is no way that I could even obtain a home loan on the property. He is telling me that I have to pay rent for September; however, I know that the home is currently in preforeclosure (default effective July 2) according to an online website. It also states that he has not made a payment on the home since January of this year. He states that after September, I may live in the home for no charge until it I am forced to move out. My question is this. Am I legally responsible for paying rent for next month knowing that the home is in preforeclosure.


Asked on 8/10/09, 3:54 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Legally, you are required to pay your monthly rent to whomever is the owner. Make sure to obtain a receipt for and keep a copy of your rent payment so that when the lender finally forecloses, you may show that you are current on your rent and might work out an agreement to stay.

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Answered on 8/10/09, 5:21 pm


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