Legal Question in Real Estate Law in California
my house just foreclosed, my x tenants are moving out, i am pro rating there deposit back. didn't pay last months rent. is that legal on my part, and also is it legal for me to get my washer and dryer and fridge back.
thanks mike
1 Answer from Attorneys
Unless there was an agreement to the contrary, while those types of appliances are normally considered fixitures, the general assumption would be that you are not making a gift to the future landlord of such items and are free to move them. Most REO building have such items removed unless they are in poor shape and not worth resecuing.
As to your tenants, you are entited to receive rent from them until they either leave or you no longer are the owner of the building. But be sure to send to them within 21 days of the end of their occupancy a listing of what you are deducting from their security deposit and a check for the balance.