Legal Question in Landlord & Tenant Law in California

I have been renting my house for about 1 1/2 years on a 3 year rent to own contract & in Feb the owners advised me that the house was going to be foreclosed on and returned half of the rent I paid back to me & kept the other half as a deposit & I have not paid rent since then because they said the bank is no longer accepting the payments. The owner did advise me that they wanted to do a short sale of the house & wanted me to have the first chance to purchase the house. However, my credit isn't were ot should be in order to purchase the house.

My question is, if they are to do a short sale with someone else, how much time will i have to move and will the new owner have to pay me to move & if so now much?

Thank you,

Shawn

[email protected]


Asked on 4/15/11, 8:40 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The landlord breached his contract with you, but by accepting money back from him you appear to have settled your damages that he owes you for the breach. You now are a mere tenant. Someone buying the property at a short sale would buy it subject to your rental agreement with the former owner so you would be entitled to a 60 day written notice to vacate for non-renewal of the month to month tenancy, if you start paying rent to the new owner [if not, they will give you a three day notice to quit or pay rent]. They would normally not be required to pay any moving expenses as you no longer have an option to purchase.

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Answered on 4/17/11, 7:09 am


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