Legal Question in Real Estate Law in California

Re: forclose on our ental

As to your first question, the landlord has arguably defaulted on his obligation to give you quiet enjoyment of the home, and withholding rent may be justified.

I would also suggest you look at the Civil Code, section 890(a)(1), for the definition of rent skimming, and see if this possibly applies to your landlord. If so, continue to read down through at least 891(d) regarding the rights of a tenant against a rent-skimming landlord.

In a foreclosure, your rights would depend upon two things: (1) whether your lease was 'senior' to the mortgage foreclosed upon or not, and (2) whether the buyer at foreclosure wanted to keep you as a tenant.

Normally, when rental property is sold, the tenant is unaffected except that he or she gets a new landlord. However, a foreclosure sale is different. The lease will be wiped out if it was entered into, and you took possession, after the loan was recorded. If, however, the loan is recent, and your lease date is earlier, your lease prevails over the rights of the buyer at foreclosure, even if the lease wasn't recorded.

Even if your lease is wiped out, it is quite possible the new owner would want to keep you as tenants and you could then negotiate a new lease.