Legal Question in Real Estate Law in California

Hello,

My name is Kim and i am a resident of Hayward California. I was renting a

house and was staying there for more than 5 years one day a man from

bank knocked at our door and said this house is foreclosed and you need

to vacate it in 3 days. We were shocked to hear that. Then we tried to find

out details from our Property Management to whom we were paying rent

and even she did not know that the house we were renting from her was

foreclosed. She tried to call the owner and he would not pick the phone

and finally she came to know it was foreclosed because the owner did not

pay the mortage.

We requested bank to give us atleast one month so that we can look for

another rental apartment. Also we told the property management to refund

us our security deposit which was 1200$. She told us that she has only

$300 with her which she can return but rest is with the Owner i.e 900$.

We tried to reach the owner several times but he would not pick the phone

but finally we got hold of him and told him the same and we asked for our

Security Deposit refund since we vacated the house. He refused he said

he is bankrupt and he has no money. Then we sent him registered letter

and there was no point he told us he got letter but he has no money to pay.

We had written in the letter that if he does not refund us our security

deposit we will take him to court and he said you can do that but i have no

money.

Could you please help us getting that refund back as my husband doesnot

have job right now and that $900 would be of great help

regards,

Kim


Asked on 1/18/11, 1:43 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you have a bona fide lease you can probably remain for at least 90 days, and perhaps for the remainder of your lease term. Look up the "Protecting Tenants at Foreclosure Act" on Google.

You are entitled to the return of your deposit at the end of your lease, but maybe what you need to do is just not pay rent for the last month, after you figure out how long you can stay under the PTFA.

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Answered on 1/23/11, 10:12 am


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