Legal Question in Real Estate Law in California

House went into foreclosure while renting.

I have been renting a single family home for 6 months now on a one year lease and and recieve a notice of default or ''foreclosure notice''. Attatched was the deed of trust, which says the owner is 14000 in debt, on a property bought in 2005. He has not made any payement since November of 06, and i moved in January of 07. The owner is now trying to sell the house and is bring potential buyers in (with permission) nd trying to sell the property. I am worried about what will happen, as they have already gotten two bids for 250,000. He bought the house for 230,000. However, says he is holding out for a higher bid. I have been trying to contact the property management company but they will not answer, and then the onwer and he does not answer either. The house looks better then when i moved in, but am worried i will not get my security deposit back. My family is telling me to stop paying rent, to get my deposit back, event hough the lease says that the last months rent can not be in the form of the deposit. I thought maybe i could get away with it because maybe he was rent skimming. Do I have to pay, and If i move out before I get kicked out, as most potential buyers are families, is that a breach of the lease? Can i get in trouble?


Asked on 6/22/07, 2:32 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: House went into foreclosure while renting.

How did you happen to receive and open the Notice of Default? Was it addressed to you? Presumably it came by certified mail; you should have sent it back, unopoened, if you were not the addressee. (However, it is possible that a Notice was sent to you as the tenant, as you do have an interest in the property.)

Well, as to your question, if the loan being foreclosed is senior to your lease, the foreclosure will wipe out the remainder of your lease and the buyer at foreclosure will have the right to evict you; however, they may not choose to do so, if they've bought the property for investment, they may simply become your successor landlord and you could get a new lease with the new owner (although I do note that the pre-foreclosure lookers seem to be families, if it actually goes to foreclosure the list of bidders will probably look very different - among other things, foreclosure sales are "cash").

As for your security deposit, there is an element of risk here, because the landlord may not repay you and he may not even be easy to locate if you needed to serve him. Bad-faith failure to refund security deposits carries the possibility of double damages, but a successful suit in small claims requires finding the dude so you can serve him, and that he have some money so he can pay the judgment.

I would say the foreclosure sale will terminate your obligations under the lease, since it surely also terminates your rights! Although I can't out-and-out advise you to stop paying rent, or suggest when to stop, this is certainly an option you should consider. At least, you will probably get someone's attention.

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Answered on 6/24/07, 7:51 pm


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