Legal Question in Landlord & Tenant Law in California
tenant in foreclosure
Is it against the law for a landlord to collect rent from a tenant once the rental property has gone into foreclosure and there is a notice of default filed?
2 Answers from Attorneys
Re: tenant in foreclosure
It depends on the circumstances. Foreclosure lasts for almost 4 months. If the landlord is at the beginning of that time, probably not. However, if the landlord is attempting to collect rent for a period where they will no longer be in title to the property, there may be fraud.
Note: The foregoing is neither intended to be formal legal advice nor to create an attorney-client relationship.
Re: tenant in foreclosure
I agree with Mr. Moerbeek. Foreclosure is 120 days, followed by an extra five days.
Thus, a lot depends where on the timeline the landlord is going to collect rent.
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