Legal Question in Real Estate Law in California

Probably. Just because the property is in foreclosure you don't automatically get to stop paying rent. While the landlord owns it, except in pretty rare circumstances, he can still collect the rent, and enforce non-payment by evicting you. You should review the matter with an attorney who can ask you questions and elicit specific facts which will fully answer your question. Without more information, it is impossible to say with any accuracy, but it is very likely you cannot escape paying rent while he still owns it.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

The lender has a right to collect the rents INSTEAD of foreclosing. That is the only circumstance under which I know of that you do not pay your landlord until the foreclosure sale actually happens. You are under no obligation to pay the landlord once the property is sold, but you then have to pay the new owner, whether the bank or someone else. Under recent law, you have until the end of your lease or 90-days, whichever is longer, before you have to move out after a foreclosure, but only if you pay the rent to the new owner when due.