Legal Question in Real Estate Law in California

foreclosure

I am a tenant in a furnished house that is being foreclosed. My question is once the house is up for auction, how long does the owner have to remove her furniture from the property?


Asked on 4/23/09, 1:08 am

1 Answer from Attorneys

Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: foreclosure

The answer depends on what the intent of the current owner is. If he intends to keep the furniture there as long as possible, then it would be about 3-4 months after foreclosure sale. Typically, once a house is sold at foreclosure sale, the new owner would give notice to evict the occupant of the house. If the occupant does not relinquish possession voluntarily, the new owner can file an unlawful detainer action to evict the occupant. This whole process takes approximately 2-3 months, depending on how timely the new owner takes action. If the occupant leaves furniture, then the new owner would have to give notice of abandoned property, which gives another 30 days.

If the current owner wants to come get his stuff as soon as possible, then you and he can agree to a date. Absent an agreement, he can seek to terminate your tenancy (typically 30-day notice) at this time and come and get the stuff after he evicts you.

The unlawful detainer (eviction) action, no matter whether the new owner or the old owner files it, is public record and reflects poorly against you (the tenant) if you were to rent again. Thus, you may want to consider if it is worth those extra weeks of occupancy to get a negative credit report.

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Answered on 4/23/09, 12:21 pm


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