Legal Question in Landlord & Tenant Law in California

uncollected rent after foreclosure

As a landlord who went through foreclosure, can I file civil suit against former tenants for rent they did not pay? They were fully aware of the foreclosure status when the took possession of property.


Asked on 12/20/07, 5:03 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: uncollected rent after foreclosure

As Mr. Cohen has explained, it is probably not worth it. Stick with his advice.

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Answered on 12/21/07, 12:07 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: uncollected rent after foreclosure

If the tenants were at the property before the foreclosure, you can seek compensation for the rent. If the tenants held over after the foreclosure, since the property is no longer yours, you cannot collect rent.

Of course, you must weigh whether it's worth the cost of a court fight, and consider whether the tenants have any assets that could satisfy a judgment if you obtain one.

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Answered on 12/20/07, 7:39 pm


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