Legal Question in Real Estate Law in California

Hi I live in california. My boyfriend and I live in a rental home and the home apparently went into forclosure in December. We don't have lease because the landlords never wanted to give us one they would just say were month to month. We have been approached by the bank and asked if we would like to accept the cash for keys to move out in a month and recieve Xamount of dollars or wait to month and recieve Xamount of dollars. We explained to them that even if we are a not a bonafide tenant we could still recieve the cash for keys. We signed the papers and agreed to be out and accepted the offer to be out in a month. The problem we are having is that the home is a furnished rental and in order to recieve the cash for keys incentive the house must be free from all items in and outside of the house and in broom free condition. Well they are obviously angry with us because they wanted us to say we were just watching the house not renting and give them any paperwork that came, and they don't want to get their stuff out. We were told by the bank that if there are any damages to the house or anything left here we would be responsible because we signed the papers. We have kindly asked them several times to come and get the items out of the house and they keep giving us the run around. Can we take the items out of the house? What do we do with the stuff?


Asked on 3/27/10, 5:15 pm

1 Answer from Attorneys
Madan Ahluwalia Ahluwalia Law P C

First of all, you can be considered tenant, even if you did not have a signed lease. 2ndly, you should have read the papers to know your responsibility under the contract before agreeing to it. If the contract asks you to "clean" the house and deliver it completely vacant, then you have to do it. Find out from the landlord if he wants the furniture delivered to him or where. If he does not respond, and you don't know who does it belong to, sell the furniture and send the money to landlord. The furniture does not belong to you so you should not keep the money for sure. Send letter to landlord certified mail asking for clarification on the furniture. You don't want to be charged with cashing in on someone's furniture. Make sure to build record with landlord on communication about the furniture.

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Answered on 4/08/10, 9:15 am


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