Legal Question in Landlord & Tenant Law in California

Hello there,

First, I entered in to a lease agreement of month to month to rent the house for $2000.00 and security deposits of $2500.00 last february 2010 not knowint that the said house is on default. i called the landlord right away when someone post on our front door about the trustee sale that will happen and told me not to worry because she is modifying the loan and will notify us of anything will happen. Now, the property is foreclosed and we demanding our deposits from them and they said that they will only release our money if we moved out 30 days or less so they could receive the money for keys that the bank will offer. they said if we dont moved out we will get rent free and the cash for keys.... so my question is do they have any legal rights to keep my security deposits? and can they use the money for keys or rent free so they can withhold my money? Thank you in advance


Asked on 6/01/10, 3:28 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

from what you are saying, it appears to me that the foreclosure has not yet gone through. If a sale had already occurred the former owners would have no legal right to the property. Landlord tenant law still applies. They must give you thirty days written notice to vacate; if you move out within that time period the owe you the security deposit less any abnormal wear and tear. Whether or not they get the key money is irrelevant to their relationship to you. If the foreclosure sale occurs before the thirty days is up, then the bank would pay you for the keys and the former owners would have no right to withhold the security deposit.

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Answered on 6/01/10, 8:34 pm


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