Legal Question in Real Estate Law in California

I rent a house pay my rent on time,for the last 15months.i paid octobers rent on time like every month before.i found a default letter trustee of sale public auction on october 29th 2009 taped to the gate on the property.no notice from the owner i mail the rent check to.no phone call from the owner,no nothing.where do i stand on this?


Asked on 10/22/09, 11:14 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I believe there is a new federal law that requires a foreclosing lender to assume any lease agreements that might exist with the prior owner. But all that means is that they can give you 60 days notice as soon as they become the owner [sometimes there are delays in the actual foreclosure sale] if all you have is a month to month tenancy [which is what you have unless the agreement was for a longer period of time]. Until the house is sold, you do owe the rent to the current owner; your problem wlill be how you are going to get the security deposit back. If the sale does not go through 10/29, immeditely write the owner that you are withholding November's rent as he is avoiding you which implies that he will not be refunding you the security deposit.

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Answered on 10/25/09, 1:59 am


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