Legal Question in Landlord & Tenant Law in California

I am a tenant of a now foreclosed property and my lease is up in 11 days.The previous owners were arrested and charged with embezzlement of over 1.5 million dollars.For the month of July I was never notified of any information on what was happening with foreclosure,property management,or any other issue except for a letter from the old landlord after they were arrested and all it stated was they were innocent and they were not going anywhere. The next notice I got was from a property management company on my door 3 day Notice to Pay or Quit.Well I had no information on where to send it or what was going on.I have 3 other neighbors and 1 hasn't received any papers on any aspect and hasn't paid rent either.I haven't spoken to the others yet.I contacted the management company and the woman was very rude from the start.I informed her my lease was almost up and I would write a notice to vacate.I am now being threatened of an unlawful detain or when all I want is to move and get my deposit back.There are also issue with this older building that fall into the inhabitable category such as plumbing,window/weatherization,and heating and air.Please help I am a working single mother and do not need an eviction on my credit for something I had no knowledge of what was taking place....


Asked on 8/02/11, 3:43 pm

2 Answers from Attorneys
Leanne Gerritsen Law Office of Leanna M. Gerritsen

I would suggest that you contact your local bar association for a referral to a lawyer in your area that specializes in unlawful detainer actions as there are several issues with your case. They may even be able to refer you to a pro bono attorney if you are unable to afford an attorney.

I would also suggest that if you do in fact intend to vacate, that you communicate this in writing with the property management company. If you failed to pay rent due within the 3 day notice period, the property management company can file an unlawful detainer action against you at any time. However, to save on legal fees and filing expenses, if you agree to leave by a specified date, they may agree not to file until an agreed upon date.

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Answered on 8/02/11, 4:01 pm
George Shers Law Offices of Georges H. Shers

If I understand the facts correctly, you tried playing a game a lost. When you got the three day notice you had an address and phone number to contact of a party who claimed they had the right to collect the rent. You knew the contact information as to the former owners, but you made no effort to find out to whom the rent should be paid. You made no effort to find out what was taking place and whom you should pay.

Ms. Gerritsen is correct that you can probably work out a move out date with the new owner in return for their not filing an UD; normally, they will also give key money to get tenants out, but that may only be if you are current in the rent.

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Answered on 8/02/11, 4:53 pm


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