Legal Question in Landlord & Tenant Law in California

I've been renting a house for 4 years and I've received a notice on my door stating that my landlord is in default and the house will be going up for auction. My landlord has been pocketing my rent for almost a year. Am I obligated to still pay rent after this notice?


Asked on 6/01/12, 11:11 am

1 Answer from Attorneys

Absolutely yes. You are obligated to pay the owner of the property for the right to occupy it. What they do with that money is up to them. The owner of the property is not obligated to you to pay the loan. If the property is foreclosed on you would actually have more rights than if it was a market sale and the new owner wanted to move in. So you are better off if it forecloses than if the owner sells it. Once it sells, at foreclosure or on the market, you then owe rent to the new owner until you move out. Whether you have to move out after a sale depends on the new owner. When you have to move out if they want you to depends on whether you have a lease or month to month. A private sale makes your new landlord subject to the same terms as the old landlord. So you would have to the end of your lease or 60-days if you rent month to month. In a foreclosure, you would have 90-days or to the end of your lease, whichever is longer. In either case, however, the new owner may let you stay, and then it is no different than if there had been no sale or foreclosure.

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Answered on 6/02/12, 1:23 pm


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