Legal Question in Landlord & Tenant Law in California

i signed a 12 month contract with my landlord in June, a notice of default on the property was filed on the property in october and now an auction sale date is happening on 2/29.. It seems that he had not paid the mortage since june/july...So is this an "ANTICIPATORY BREACH OF CONTRACT"?? i did not pay him for february and i want to tell him that im moving because of the sale and it wont be his property any longer...Can he still evict me?? can he still bind me to the end of the contract???


Asked on 2/14/12, 6:27 am

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Your agreement is with the landlord and not affected by his failure to pay. He can evict you and, until the property is sold to another person, can enforce the agreement.

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Answered on 2/14/12, 8:09 am

The landlord has no obligation to you to pay their mortgage. That is between the landlord and their bank. Had you paid your February rent, you would be entitled to stay in the property under the same lease, after the foreclosure, because a foreclosure is like any other sale in that it is subject to existing leases. In fact in ways that aren't really relevant to you, renters have more rights when the property is foreclosed than in a regular sale of an investment property. Unfortunately you have shot yourself in the foot by not paying rent. Your right to stay after foreclosure is dependent on you having the right to stay if the sale had not happened, and then continuing to honor your lease with the new owner as if they were the old owner. You are the one in wrongful anticipatory breach of the contract and have blown your rights. If you can get him to take the February rent payment now, you will reinstate your rights. Otherwise, you better be prepared to be evicted and sued for non-payment of rent as soon as that sale goes through.

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Answered on 2/14/12, 1:53 pm


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