Legal Question in Landlord & Tenant Law in California
I rent a room from my roomamte who owns the condo we live in. Last month I opened the door and found a Quit or Pay notice on the front door. Appearantly he's been accepting rent from me but hasn't been making the mortgage payment. My first question is how long does one not pay the mortgage until a home goes into forclosure? Second, would be wrong of me to ask for all the rent I've paid him since he stopped making the mortgage?
3 Answers from Attorneys
If you found a notice demanding that he pay rent, he does not own the condo, he rents it. You first need to clarify if he owns or rents and sub-rents to you.
Just a guess here: Perhaps the bank has already foreclosed on the property, and assumed there are tenants (you). It might want YOU to pay rent or quit. If that's the case, you might speak directly with the attorney for the bank, and provide evidence of your rent payments to the former owner. Also, you might have some protection under federal and state law, as well as the Los Angeles Rent Stabilization Act. You might give serious thought to speaking with an attorney who represents tenants of foreclosed properties in your locale.
Just a guess here: Perhaps the bank has already foreclosed on the property, and assumed there are tenants (you). It might want YOU to pay rent or quit. If that's the case, you might speak directly with the attorney for the bank, and provide evidence of your rent payments to the former owner. Also, you might have some protection under federal and state law, as well as the Los Angeles Rent Stabilization Act. You might give serious thought to speaking with an attorney who represents tenants of foreclosed properties in your locale.
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