Legal Question in Landlord & Tenant Law in California

uncollected rents

I am a landlord going through foreclosure. My current tenants are aware of this, have always been aware and have refused to pay rent for 6 out of the 8 months they have lived in the property. I have served them a 3 day pay or quit notice. They have not followed instructions. I would like to file an unlawful detainer, but there is a trustee sale date scheduled for October 12, 2007. Am I legally entitled to the uncollected rents? Due to the trustee sale date, is it prudent for me to file an unlawful detainer?


Asked on 10/01/07, 5:06 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: uncollected rents

You are not entitled to anything after October 12, 2007.

I would save my money on the filing fees from an unlawful detainer.

There are so many foreclosures in California, that one can only make an educated guess as to what the courts will be doing. Save your court costs.

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Answered on 10/02/07, 11:41 am


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