Legal Question in Real Estate Law in California

the house we are renting just sold from a foreclosure auction, we have a lease, that we have been paying on, and now the new owner wants us out, taped a 3 day eviction notice, what must we do until we find a new place and what about are deposit from the people we were renting from


Asked on 2/14/12, 5:38 pm

2 Answers from Attorneys

This is an illegal attempt to evict you. Under the Protecting Tenants at Foreclosure Act of 2009, the new owners must give you until the end of your lease or 90 days, whichever is longer, unless they want to move into the property themselves, in which case they must give you at least 90 days notice to vacate. As for your deposit, unless the former landlord transferred it to the new owner upon foreclosure, which is highly unlikely, you can demand that they refund it, and you can take them to small claims court for it. Alternatively, even though they didn't get it from the former owner, by buying the property the new owner is responsible for any refund owed as well, but they will likely fight you on that.

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Answered on 2/15/12, 1:20 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The three day eviction notice is illegal.

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Answered on 2/20/12, 3:55 pm


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