Legal Question in Landlord & Tenant Law in California

Rights for Tenants in a foreclosure home in California

I am staying in a condo in Fremont, CA for past 18 months. Currently I am on a month-to-month lease. This property is rented by a Property Manager. Recently I received a Notice of Trustees sale for auctioning on 07/16/2008. We deposited one month rent with the Property Manager. Also we are not informed about the sale / foreclosure till we receive the notice.

I want to know the following

what will be notice period for vacating the house once the Bank/Buyer acquires the property in auction.

Do we need to give 30 day notice for lease termination at this stage? What about my deposit refund?

What happens if the owner doesn't pay for the Utilities (Water & Thrash)? What should we do.

Should I complain to BBB or some other agency about not informing any of the above prior to the actual notice?

Your response is appreciated.

Thanks in advance,

Suresh


Asked on 6/25/08, 10:06 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Rights for Tenants in a foreclosure home in California

Dear Suresh:

First, banks/buyer do not always want you to vacate at once. After they notify you, it is 30 days.

Technically, you are still bound by lease, so you cannot terminate lease at this point, simply because of a foreclosure.

Your deposit carrier over to the new owner, who is obligated to return it within 21 days of you vacating.

If the utilities were paid by original landlord, the provisions of the lease require the new owner to continue with the provisions of the lease, i.e. water and trash.

I am not really sure what your question entails regarding the BBB. They really do nothing with the situation you have.

There is/was really nothing for anyone to have informed you, since many foreclosures never come to fruition.

You are more than welcome.

Do not hesitate to e-mail my office if you need more help.

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Answered on 6/25/08, 11:06 pm


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