Legal Question in Landlord & Tenant Law in California

Rental is going up for trustee ale on 12/8/10. Do i still pay landlord full month of rent? She already told me she was gonna keep my security deposit for forclosure costs and attorney fees.


Asked on 11/28/10, 5:13 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You owe the landlord rent for 7 full days of rent [8th day is mainly to new owner]. She is not allowed to keep your security deposit to cover foreclosure and attorney fees. None of those are your responsibility. Moreover, those are expenses the lender has incurred and not your landlord. She needs to return to you or give over to the new owner [the lender] the security deposit, but it is better for you that she gives you the security deposit which you then gilve to the lender/new owner.

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Answered on 12/03/10, 7:03 pm
Brian Rosales Harris, Rosales & harris

If the sale goes through as scheduled you owe rent to your curent landlord through 12/7. If the property is sold; your current landlord must either return the deposit to you or give it to the new owner. She cannot use it for costs she has incurred for foreclosure or her attorney fees.

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Answered on 12/04/10, 10:37 pm


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