Legal Question in Real Estate Law in California

Is there a law in California that can prevent my mother who is elderly and bed ridden from being evicted from her home that is close to be going into foreclosure? My mom probably will not be able to recuperate for at least 6 months. Please advise.


Asked on 11/04/10, 8:56 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. Illness or infirmity is not a defense to properly based unlawful detainer or eviction. The new owner of a foreclosed property [like the old owner] has a right to evict the tenants, as long as the owner follows the terms and procedures of any long term lease or rental agreement, if there is one. Unless you have a lease with protection from termination by extended notice required, you are going to be evicted. Check you lease, and negotiate with the owner. Foreclosure takes months, so prepare for necessary change.

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Answered on 11/09/10, 12:13 pm


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