Legal Question in Real Estate Law in California

Why would a landlord do a walk thru on their house that has a Trustees Sale date and they won't even own it by the time we move?

We are renting a home in California that has a Trustees Sale date on June 28, 2012. We gave landlord our 30-day notice to move out on June 30, 2012. Since the house is foreclosing and we feared we would not get our security deposits back, we told them to use the security deposit towards last months rent. They told us to pay, but we did not. Now, 6 days later, they have not made any other requests for money, they only called to schedule a final walk thru and get the keys. Can we tell them to schedule it on June 29th, the day before we move? Could they tell us it needs to be sooner than that? What could their motive be to do a walk thru when they won't even own the house after June 28th?


Asked on 6/06/12, 4:07 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Even though the present landlord won't own the house, he/she/it may be liable to the lender for any damage done to the collateral (the house) by the landlord or the landlord's tenants, guests, invitees, etc. Maybe the walk-through will be by the buyer or jointly by the (former) landlord and the buyer. You can suggest dates, but the new owner (which may turn out to be the lender, of course) at the time of your surrender of the property has a right to schedule the final inspection for the date you surrender possession and depart.

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Answered on 6/06/12, 4:22 pm


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