Legal Question in Landlord & Tenant Law in California

Re: Rent

This could potentially be a breach of the implied warranty of quiet title. Implied warranties, such as the implied warranty or habitability (regarding the condition of the premises) are read into leases to protect the rights of tenants to enjoy normal use and occupancy of a rental unit in good condition so long as they pay rent. The implied warranty of quiet title can be asserted against a landlord who allows a unit to go into foreclosure. By failing to pay the mortgage such a landlord would be allowing another (the mortgage lender) to foreclose on the property by asserting superior title (their right to foreclose a property based on LL's nonpayment of the mortgage).

You should consult an attorney to raise this issue with your landlord and explain your rights and responsibilities.

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