Legal Question in Real Estate Law in California

We are renting a home in California that is being foreclosed at the end of this month. We are giving our 30 day notice today and telling them to use our security deposit as our last month's rent (even though our contract states we can't use our security deposit for rent, we fear we won't get the money back). The landlords own other rental properties under their company which is an LLC and we don't know if they are foreclosing on the others, but we've been getting nagging collection agency phone calls on our home phone for one of the landlords. Since we have to move because they are letting the property go, can we sue their LLC for moving expenses?


Asked on 5/31/12, 9:41 am

2 Answers from Attorneys

Just because the property is in foreclosure doesn't mean you have to move any sooner than you could have to move if the landlord was having no problems. In fact, depending on whether you are on a long term lease or a month to month, you may have LONGER to move than if the landlord was keeping the property and just wanted you out. So they don't owe you a thing.

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Answered on 5/31/12, 4:49 pm
Anthony Roach Law Office of Anthony A. Roach

What Mr. McCormick refers to is the Protecting Tenants at Foreclosure Act of 2009, which expires at the end of this year. Here is a link: http://www.occ.gov/news-issuances/bulletins/2010/bulletin-2010-2a.pdf

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Answered on 6/01/12, 11:51 am


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