Legal Question in Landlord & Tenant Law in California

tenant rights for 3 day

I was severed a 30 day notice to terminate lease form but was ask to leave in 3 days while knowing the condo has been taking from him by the bank as of july 21 2008. Do I have the right to take him to court for making me pay rent knowing the place no longer is owned by him and do I have to leave? do I have the right to stay? can I take him to court? and can I sue him for my 3 months of rent taken from me?


Asked on 10/22/08, 12:11 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: tenant rights for 3 day

Wait, are you saying that the bank foreclosed on the property on July 21, 2008, and you kept paying the old landlord rent? He had no right to collect any rent from you after the home was foreclosed - make sure the bank does own it, as he may have received the first of a series of foreclosure notices, but the bank may not yet have conducted their sale. If he has been collecting rent since the bank acquired title by foreclosure, sue him in Small Claims Court for every penny you've paid him since. His notice is of absolutely no value if he no longer owns the property - I would not move if the notice came from him. The bank is now required by law (as of July 8 I believe) to give you 60 days notice before they can evict you, so I wouldn't go anywhere, or pay any rent to anyone other than the bank (and only if they demand it), until the bank gives you a notice. Seriously, take the landlord to court for rent, security deposit and fraud - what a creep!

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Answered on 10/22/08, 1:32 pm


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