Legal Question in Real Estate Law in California

Rental Property has been foreclosed on.

The Townhouse I am renting has been foreclosed on as I have recieved notification from the Courts. I live with my Mother who is afflicted with Alzheimers Disease, Parkinsons Disease, and Severe Arthritis. I need to know how to proceed legally as far as relocating and how much time I have to do so. I received the paperwork on October 8, 1999.


Asked on 11/02/99, 5:06 am

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Rental Property has been foreclosed on.

It depends upon the papers with which you have been

served. If you received nothing more than a notice

that your former landlord has lost title to the

property through foreclosure, then you might not

have to move. It is possible that your new landlord

would be quite happy to continue renting the property

to you. Also, it is possible that your lease remains

valid despite the foreclosure.

If your new landlord wants to evict you and if your

lease was junior to your new landlord's lien, then the new

landlord can, indeed, evict you. You would first

receive a 30-day notice to quit the premises, and, if you

didn't, you would then be sued for Unlawful Detainer. As a practical matter

it would take about 50 to 70 days to evict you. That

time period can be extended, but at some cost to you.

I recommend, first, that you contact your new landlord and discuss

your situation with him/her/it. Even if they do want

you to move, you may be able to negotiate a reasonable

amount of time within which to do so. If you can't

reach an agreement, then consult with a local attorney.

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Answered on 11/02/99, 5:23 pm


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