Legal Question in Landlord & Tenant Law in California

renters of foreclosed property

the house we rent was sold at auction after foreclosure. when we found out about impending foreclosure until new owners took possesion less than mo. we're monthly renters. rent paid up when new owners took poss. wk. before rent due again the previous prop. mngr called, they hired him. said $400 a mo. deducted from rent if we did repairs. we agreed sent rent on 12th, due 15th, bought materials to do work.

2 days later recieve notice to vacate 30 days, dated the 12th, 4 days after agreement. called mng, didn't know about notice, said they let him go. i called them, said they changed their minds didn't want rental tenants. said leave at end of mo. i said we didn't have enough mony, after rent and repairs. said we lived here 3 yrs, should have 60 days. (our rental agreement states 60 days) he said not in foreclosure. question is:

didn't he, by hiring mngr. to collect rent, create a lndlrd / tenant relationship? he accepted rent so should abide by laws that govern that relationship no matter how brief? we paid mo. rent so aren't we legal possesser with right to quiet enjoyment? next 30 days worrying, being stressed about looking for place, costs of moving etc. interfers with that. they have no immediate plans for prop.


Asked on 6/19/08, 10:58 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: renters of foreclosed property

The new owners have the right to evict you with 30 days notice.

They have the right to have no rental tenants.

You do not have a case of "quiet enjoyment" being violated.

Another lawyer may give you a different opinion, but I do not see any legal action that would help you.

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Answered on 6/20/08, 8:40 am


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