Legal Question in Landlord & Tenant Law in California

We rent a house and just found out that our landlord had not been paying the taxes on the house. it will be up for forclosure soon, and we would like to know if the bank will pay us to move?


Asked on 11/29/09, 3:03 am

1 Answer from Attorneys

Melvin C. Belli The Belli Law Firm

Usually the lender doesn't foreclosure just due to the taxes not being paid, but if they do for whatever reason here is what is likely what will happen. Once the bank takes over the property they will want you to move out. If you are on month to month then you have 90 days. Sometimes the bank will offer you money to move out sooner. If you live in a rent controlled area then the bank can't legally evict you if you pay your rent and is more likely to pay you to move out.

If they have not sold the house I would get a written long term written lease with your landlord due to the new federal laws passed this year says also says the bank has to honor your lease, that is if you have one. Having a long term lease again gives the bank incentive to pay you to move out so they can get possession of the property so they can re-sell it.

Hope that helps and good luck.

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Answered on 12/04/09, 11:41 am


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