Legal Question in Real Estate Law in California
evication of tenants
I have a property which was foreclosed upon, and I have tenants in it. The tenants are on a month to month lease and I have given them a 30 day notice to vacate. However, they also have not paid the full months rent only 1/2. Do I still have the right to collect the 2nd half of the rent. And how would I go about getting my personal belongings such as kitchen appliance and washer and dryer? Please advise...
1 Answer from Attorneys
Re: evication of tenants
Sorry! I usually answer promptly, but this one slipped by me for a few days.
It is unclear whether you were merely notified about foreclosure commencing, or whether the sale is complete. Assuming the foreclosure is not a completed sale, it is still your property until title passes at the sale.
If the foreclosure sale is actually completed, you no longer have title to the property, so there is a common sense to approach. All rents before the changing of title are yours, and none afterwards.
Also, after the sale, you should give any security deposits to the new owner, since the deposit is not yours to keep, and up to the new owner to distribute.
In order to retrieve your items, you need to make an arrangement with the new owner(s). However, you are not entitled to fixtures (check definition in the Law Guru Legal Dictionary elsewhere on this website). Fixtures stay with the property.
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