Legal Question in Real Estate Law in California
We have been paying rent for the last 5 months to a Real Estate company representing the owners. We recently found out that foreclosure proceedings have been going on for the last 6 months and the house is scheduled for auction in June. Are we legally obligated to continue to pay rent? and can I go after them for the rent I already paid?
1 Answer from Attorneys
You have no rights in what the owners or their agents do with the rent money. As long as you occupy the premises, you are obligated to pay rent to the owners, directly or through their agents. They can spend it as they like. If the property is foreclosed on, recent legislation provides that you must be allowed to continue your lease until it is up or 90-days, whichever is longer, as long as you pay the new owners what you owe under the current lease. Prior to that legislation you might have had a breach of contract action against the owners in case of foreclosure, but since the new owners are obligated to follow your contract with the current owners, you have no loss.