Legal Question in Landlord & Tenant Law in California

I just signed a lease agreement to rent a room in The SF bay area(11/16/09). I specifically asked the landlord(homeowner) if everything was up to par w/ the mortgage before I signed the lease and gave a deposit. I told him the last thing I want to do is move into a new place them have to move out due to a foreclosure. He said everything was fine. I find out from one of the tenants that a RE person came by and mentioned that the house is suppose to be going into foreclosure early Jan 2010. I'd like to get my deposit back and look for a new place to live because I feel the landlord lied. Do I have a case?


Asked on 12/23/09, 10:44 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If the mortgage is really not current, the the landlord mislead you and did not provide what you had bargained for, so the rental agreement has been breached by him and you do not have to remain bound to it. But make sure that the foreclosure sale really is scheduled and that he does not plan to reinstate the loan at the last minute; he still has breached the contract no matter what but it will be easier to deal with him if you have more of the facts.

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Answered on 12/28/09, 11:24 pm


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