Legal Question in Landlord & Tenant Law in California

I rented a house in June of this year. We were just notified that the house is in foreclosure. Do we continue to pay rent to the landlord. The bank said that we have until December 10th before the start the process of selling the house. We put a large security on this house.


Asked on 8/15/11, 3:13 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

It depends on whether the house now belongs to the bank or if your Landlord still holds title. Consult an attorney before your next rent check is due, or confirm with the bank that it holds title after the foreclosure. Good luck.

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Answered on 8/15/11, 4:50 pm

A foreclosure should not affect your rights any differently than a sale of the property to a new landlord any other way. You pay rent to your current landlord until they no longer own the property and then you pay rent to the new owner. The only difference between a regular sale and a foreclosure sale is that if you are on a month-to-month rental, the new owner must give you at least 90 days to move, whereas if they bought it through a regular sale and wanted to end your tenancy they would only have to give you 30 days notice if you were there less than a year, and 60 days if you were there more than a year. As for your deposit, the landlord is SUPPOSED to transfer it to the new owner even in foreclosure, or refund it to you and you must make a new deposit arrangement with the new owner. If the current landlord does not do either one, then both the old landlord and the new owner are jointly responsible for your deposit money.

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Answered on 8/15/11, 4:58 pm


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