Legal Question in Real Estate Law in California
Home Rental question
Can a tennent be evicted if they have been paying rent and the owner/landlord has not paid the mortgage? Would an escrow acct be helpful?
Asked on 5/05/08, 4:55 pm
2 Answers from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Home Rental question
Yes. No.
Answered on 5/06/08, 6:44 pm
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Home Rental question
The landlord cannot evict the tenant. If the property is foreclosed, unless the property is located in Alameda County or other areas that have stringent tenant protections, the new owner (bank) could evict the tenant after appropriate legal proceedings.
It might be worthwhile to contact the bank directly and negotiate a rental agreement. Often, the bank would rather have someone at the property than risk having it vandalized if vacant.
Answered on 5/05/08, 8:16 pm
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