Legal Question in Landlord & Tenant Law in California

I recently moved into a room in a house where the landlord resides and said he owned. We have a verbal agreement, though the details of that are fuzzy (month-to-month vs fixed term). Duration would be no longer than 90 days. 30 days into the rental period, I discover on my own that he is NOT the owner, but has lost the house through foreclosure to the bank. The bank's name is on the "Trustee's Deed Upon Sale" filed with the county official records. I have been paying this man the rent. Is my "lease" or "right to inhabit" broken under the terms of an illegal contract in the first place? Can I immediately stop paying and move out and sue to get my deposit back (granting no room damages).
Thank you.

Asked on 7/15/10, 11:36 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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If the foreclosure sale has already occurred, as you say it has, the former owner has no legal title and is not a tenant. He can not charge you rent or demand a security deposit; you should be able to get back all the money you paid. The bank might ask you for rent during the time you did live there.

Answered on 7/16/10, 1:32 pm

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