Legal Question in Landlord & Tenant Law in California

Renter/landlord

I have been renting a house for the past 3 years and always pay my rent on time. I found out that the landlord has not been paying the morgage on the house and the house is beening forclosed on. I asked him back for the deposit, he refuses and says that if my family and I want to stay another month I must continue to pay the rent. Is that legal even if the house will be the banks in 10 days? and can he keep my deposit?


Asked on 8/19/08, 10:58 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Renter/landlord

Yes. You must keep up rent payments.

The bank, and/or new owner, will be responsible for the deposit.

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Answered on 8/20/08, 8:28 am
David Gibbs The Gibbs Law Firm, APC

Re: Renter/landlord

I'm not sure that I agree with Mr. Bennett on this. First, if the foreclosure sale is going to take place in 10 days, I assume you have paid August rent and the current owner will not own the home in the month of September, so (a) he cannot collect that rent from you, and (b) he won't have the legal right to evict you once the home belongs to the bank. The new owner (bank or a buyer at the foreclosure sale) will most likely ask you to leave, then evict you if you don't. As for the security deposit, your lease is terminated by operation of law on the date that the foreclosure sale takes place. As such, the landlord (current) has the obligation to return your security deposit within 21 days after the foreclosure sale, or he is subject to civil penalties.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/20/08, 12:56 pm


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