Legal Question in Real Estate Law in California
I'm renting a house from someone. Last week, October 19th 2012. The owner told us via phone that we have to be out by November 2nd because the house was going into foreclosure and was sold. Can he do this? I thought he was required to give us 30 days notice. This is the first we were informed that it was going into foreclosure. We have no where to go as of now because we can't find a new house on such short notice. Please. Any advice would be helpful.
2 Answers from Attorneys
You don't have to be out with such short notice. Even with a foreclosure, the bank would be subject to the Protecting Tenants at Foreclosure Act. http://www.occ.gov/news-issuances/bulletins/2010/bulletin-2010-2a.pdf
As Mr. Roach notes, your landlord is either mistaken or lying to you. You have at least 90 days from the date of the foreclosure sale - longer if you have a lease that would not be up for more than 90 days.
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