Legal Question in Landlord & Tenant Law in California

Tenants Rights, Property in Foreclosure

I am 2 mos into my 1 year lease. Last week 2/12/08, was notified that this property is in NOD. What are my rights? Should I continue to pay rent? Landlord must have known he was near foreclosure?


Asked on 2/20/08, 12:49 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Tenants Rights, Property in Foreclosure

Landlord might need your rent payments to take the property out of foreclosure.

Nevertheless, you still have an enforceable lease - - until the property is foreclosed. Once it's foreclosed, you might speak with the buyer about continuing your tenancy. Banks usually would prefer to have an income stream rather than have property sit vacant and be subject to vandalism, etc.

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Answered on 2/20/08, 1:16 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenants Rights, Property in Foreclosure

I agree with Mr Cohen, and, for those who aren't familiar with "NOD", it means "notice of default".

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Answered on 2/20/08, 2:43 pm


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