Legal Question in Real Estate Law in California
forclosure tenant
I rented a home that went back to the bank. The bank and the realtor came to the house 3 weeks ago and left my babysitter a message that they wanted to talk to me about cash for keys. the next day someone from the bank came to the house and when no one was home cut the dead bolt off and replaced it with theirs then left the dead bolt on the kitchen counter and left. what can i do. they just came and served a paper on the house with only my first name saying i have 60 days to vacate.
1 Answer from Attorneys
Re: forclosure tenant
We're missing a bit of information necessary to give an kind of comprehensive reply. Are you renting under a written lease or under a written rental agreement that establishes a month-to-month tenancy? Do those documents (hopefully this is not an oral agreement) contain any provisions regarding termination of tenancy following transfer or sale of the property?
Is there a rent-control ordinance in place in your jurisdiction that covers the property?
Regarding the deadbolt issue, the facts are a bit confusing. Are you saying that someone broke into the home and changed the lock, leaving the old lock in the kitchen? If they changed the lock, how did you get in to learn that this had all occurred?
In general, absent a court order or judgment for possession, a tenant has the right to exclude others, including owners, from property the tenant rents. Owners, of course, are allowed to enter for lawful purposes, but only after reasonable notice. Immediate entry is allowed only in an emergency.
I'd suggest you contact a local attorney who is experienced in landlord-tenant law. He or she will know the questions to ask, and can probably help after a review of relevant documents.
Good luck,
Tom Newton