Legal Question in Landlord & Tenant Law in California

rent apt in Hawthorne CA.got a notice of sale/foreclosure last week.scheduled for 11*09*11.Landlord said not to worry getting loan modications and dismiss the notice.i asked for proof and no concern or discussion since.i look at the auction list daily to see if any changes support the stop of sale still nothing.my quest.is can i find out before day of sale this has recorded.i am sending a letter requesting sec. dep. be returned and or apply to my 9 days prorated.do.if it doesnt sell,is the landlord still collect my rent as usual until it sells or is it limited.stressed out w lies and unsure of a place to live.try again calling recorders hotline? just wait til 9th and risk eviction.sec dep. may not be returned small claims ....if alls true i will pay in full, just not happy with all this


Asked on 11/03/11, 11:26 am

1 Answer from Attorneys

There is no difference between a foreclosure sale and a normal sale of a rental property as far as tenants are concerned, except that there is emergency legislation in place that gives you a minimum of 90 days to stay after the sale even if you are only on a month to month tenancy, and until the end of your lease if you have a lease that does not run out until more than 90 days from the sale. You must pay rent to the existing owner until the sale, and the new owner after the sale for that protection to apply. As for your security deposit, if the former owner transfers it to the new owner, the new owner is liable to you for it, less legitimate deductions. If the old owner does not transfer it, BOTH landlords can be charged with returning whatever portion is owed you. You may have to go to small claims to get it, but your legal right is protected.

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Answered on 11/03/11, 11:42 am


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