Legal Question in Real Estate Law in California

We're renting and our house has been foreclosed. How fast do we have to be out and do we still have to pay rent? The owner of our house had it foreclosed on him and we are or were month to month renters. Now the bank that bought the house wants us out and says we have to pay rent as long as we stay. But obama past the new law giving renters 90 days until they must leave. My question is in my case do I actually have 90 days to move and do I have to continue paying to the new owner? How can we be expected to have the money to move if we aren't even given one month to save and find a place? -


Asked on 1/08/10, 4:52 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

Yes you can stay for another 90 days unless you live in a rent controlled area and in that case you can stay as long as you pay the rent and don't violate the terms of your lease. Yes you have to pay rent. As a practical matter you may be able to cut a deal with the bank to move sooner they call it cash for keys. Sometimes the banks lawyers aren't on top of things and you can get away with not paying rent awhile before they start evictions proceedings too.

The 90 days starts from when they sent you the 90 day notice to quit.

Good luck and hope that helps.

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Answered on 1/13/10, 5:21 pm


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