Legal Question in Landlord & Tenant Law in California
Rent House/Forclosure/ Stop Payment on Rent Check
Was renting house/Found out few days after paid Feb rent, that house under foreclosure. Bank to take possesion on 03/12. Owner never told us or gave any notice. Stopped payment on Feb./08 rent check to pay deposit to get new apartment. Moved out Feb. 15/08. I had no lease. Fiance lived there had no lease either, he made arrangements with owner to let me stay for $575.00 per month when I moved from Ohio in October 2007. I never talked to owner to agree to terms, I just paid. Do they have any legal recourse on the stop payment check? Talked to Trustee on Forclosure. Said had 20 days to move out after 3/12/08, but because we were not the owner, and did not have a lease, that 20 days would not apply to us. He suggested that we move out as soon as possible. Could be possible that our possesions would be locked in house, and be seized property, and no way to prove they belonged to us. Decided to get out while we could. Did we have the right to stop payment to secure housing for ourselves? Otherwise we would have been put out on the streets. Thank you
1 Answer from Attorneys
Re: Rent House/Forclosure/ Stop Payment on Rent Check
A typical problem in these questions in that you waited for advice far too long for advice.
You had no right to stop payment, and you would not have been on the streets for at least six weeks.
Your answer to this will take a long time, if I put it all in here. If you want more details, e-mail my office.
Pay the check, including costs. You do not need this on your credit history. Make arrangements to pay NOW! Also, check with an attorney before you self-diagnosis a problem.
You are welcome.
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