Legal Question in Real Estate Law in California

Re: can i rent out my home

So long as you still hold title to the property you can rent it. You might get enough rent to clear up your mortgage problems.

Good luck,

Michael Cortson

219-240-3890

Re: can i rent out my home

In California the practice called "rent skimming" is unlawful and can be criminal. See Civil Code sections 890-893. In essence, if you collect rent or security deposits in the first year you own a property, you must apply the proceeds to the mortgages and deeds of trust encumbering the property.

Even rentals that are not violations of the Code might be fraudulent if you took deposits or rent in advance then allowed a foreclosure to occur before the rental period was up or without making provision to return the deposit.

In short you are on thin ice if you use rent proceeds for your own gain at a time when your loss of the house might be a fraud on the tenant.