Legal Question in Landlord & Tenant Law in California

You are between a rock and a hard place. Technically you must pay the rent per your lease or rental agreement. On the other hand, he only has until July 9 to get current or get a modification. If the notice of sale has been given, it doesn't sound like he's going to get any relief. If the property is sold, you only actually owe the current landlord pro-rata rent from 7/1 to the sale date. The problem is, to take advantage of the recent federal statutes that give you 90 days after foreclosure or to the end of your lease, whichever is longer, before you have to move, you have to pay your rent to the new owner.

So your problem is that if you refuse to pay your landlord or only pay from the 1st through the 14th, he can give you a 3-day notice to pay rent or quit, and then evict you. But if you pay the full month, you may have to pay the new owner for the 14th through the 31st again after the foreclosure.

Your best bet, if you can work it out with the landlord is to call his bluff about saving the house. Tell him you'll pay him through the 13th now, and tell him you will pay him the balance when he shows proof the sale has been cancelled. Or you could give him a post-dated check for the rest of the month. If the sale goes through, put a stop payment on the check.