Legal Question in Real Estate Law in California
Notice to Quit!
Hi: I rent a house with some others in Los Angeles, and today we received a 3 day notice to quit from an attorney in San Diego. He stated that the bank now owns the house and wants to recover possession. So the mortgagee foreclosed basically. They listed Cal Civil Code 2924 and Cal Code of Civil Procedure 1161a. The letter says we must vacate and deliver possession UNLESS we are a tenant who rented the property before the foreclosure sale. We have been here for almost a year on a month to month basis so this is the case. But then what? Per the letter received I gave telephonic notice to the attorney (also attorney for the bank) that we ''claim to be a tenant who is entitled to remain in the Property''. So I guess we won't have to be out of here in three days, but what's going to happen with us now? What do we do or what will the process be? How long can we stay?
1 Answer from Attorneys
Re: Notice to Quit!
You are correct. The landlord lost the property to the bank, and the bank has issued you the required notice to terminate any rights of possession you might have. When a bank forecloses a property, any lease you had with the prior owner is terminated. That being said, the three day notice is intended for the homeowner. Tenants are entitled to receive a sixty day notice under California law (CCP 1161A). Under Federal law, however, you may have 90 days - see Senate Bill 896. Notify the attorney immediately that you are tenants. The other possibility is that once they know you are tenants, and have to serve you the longer notice, they may offer you "cash for keys" to leave earlier. It may be beneficial to you to be flexible in terms of your moving date, as some of the offers can be fairly generous.
*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.
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