Legal Question in Real Estate Law in California

Live in California. On 10/25 was notified via certified mail that the home I rent, month-to-month, was going up for auction on 11/12/09. This was the only notice I have been given, legal or otherwise. The property was not sold at auction. How long do I have before I have to move? I do not want an eviction on my record, but also need time to save money to move on.


Asked on 11/27/09, 7:27 pm

3 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Under the new California law you have either 60 or 90 days. If you live in a rent controlled area then the foreclosure doesn't affect your tenancy because they can't evict you without just cause and foreclosure sale is not just cause. I would wait until you get a notice from the lender's lawyer because the lender will buy the property at the sale. Usually they ( a realtor that they hired ) will show up within a week of the sale date and try to make contact with you. Don't pay your former landlord as they are not longer entitled to rent if the house was sold.

good luck and hope that helps.

Read more
Answered on 12/02/09, 7:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

OK, I read all your facts, and I see that the house did not sell yet. If that's true, there has been no foreclosure, you are still operating under the terms of your month-to-month rental agreement, and you still have to pay your old landlord. None of that post-foreclosure eviction law stuff applies to you -- yet.

Read more
Answered on 12/02/09, 8:23 pm
George Shers Law Offices of Georges H. Shers

Foreclosure sales are sometimes delayed for a month or two by the lender. Find out if there was a reason for the canceling of the sale, such as the landlord reinstating the loan. Mr. Whipple is correct that until the sale occurs, the "former owner" is still the current owner and must be paid rent. Contact him though as to what will happen as to your security deposit; try to get him to put it in some type of secured account so the money can not be withdrawn without both of your approval. If it does go through foreclosure, the lender will often offer "key" money to get you to voluntarily move out.

Read more
Answered on 12/02/09, 9:03 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California