Legal Question in Real Estate Law in California
Can he really evict us? Can he collect rent? I just found out in in the beginning of this month (January) that my landlord lost the property. He lost the property in November 2011. He collected rent for December and didn�t notify us that he was no longer appearing as the property owner. When we found out in January that he lost the property, we didn�t pay him rent. The property was taken by the bank and a real estate company was the one that informed me that the property was under the bank.
Our problem now is that the person that was my landlord wants to collect rent, or at least half so he can continue paying his lawyer that are helping him fight to keep the property. That he will appear as owner again in about a month in a half. He claims that if he doesn�t receive any money he can evict us from the apartment. Can he really evict us? As I understand if he doesn�t appear as owner, he has no rights over the property or to collect money. Can we do something about this? Also, is it possible for him to be the owner again after the bank took the property?
1 Answer from Attorneys
He has no right to rent after losing the property. You can sue him for the December rent, and possibly for fraud. He cannot evict you while not owner of record. It is theoretically possible for him to get the property back, but EXTREMELY unlikely. You may only have 90 days from the foreclosure to move out, if the new owner wants to remove you, by the way, though you are entitled to 30-60 days notice on a month-to-month, depending on how long you have lived there, and until the end of your lease if you have a lease for a longer term, but not less than 90 days after foreclosure in any case. Can't tell for sure by your zip code, but if you are in Los Angeles proper (not another city in L.A. County) you may have additional rights under the rent control laws.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
