Legal Question in Real Estate Law in California
Do I have any recourse I have been renting a home for $3000 a month for the past two years and I just found out that my "landlord" is $13,000 behind and we will have to move out. The bank told me they can't discuss her account with me. My landlord has cut off all communication. Is there anything I can do to remain in the home?
2 Answers from Attorneys
What the landlord does with the rent money is between him and the lender(s) on the property. You have no rights in the matter other than the right of occupancy for the time you pay for, presumably a month in advance. As far as staying in the home, you don't mention whether you are under a term lease or a month-to-month rental agreement. In either case you can stay in the property under the terms of the agreement, regardless of whether your landlord is in default on the loan or not, as long as the landlord owns the property and you comply with the terms of the tenancy agreement. Once the lender forecloses, the legal effect is initially the same as if the landlord had sold the property to another landlord. Your tenancy transfers with the property. If you are under a lease that will not run out for more than 90-days after the foreclosure, you are entitled to stay in the property under your lease the same as if your landlord had kept the property, so long as you pay your rent to the new owner. If you are under a lease that will run out in less than 90-days, or under a month-to-month tenancy, then you have 90-days before you have to move out, again, as long as you pay rent and comply with the other terms of your tenancy. The new owner may offer you "cash for keys" to move out sooner. It is up to you whether you want to negotiate with them about that.
I agree with Mr. McCormick.
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