Legal Question in Real Estate Law in California

Hi,

My wife and I have parents whose home was under foreclosure. They moved out of the

home and asked us to live there free of charge, only to watch the place and make sure

there is no vandalism on the property. I guess so it would not be a vacant lot. Well the home

was sold at an auction, the new owner stated that if we moved out in a reasonable time, he would

not charge us rent or give an eviction notice. We moved out 11 days after the home was sold on auction. The owner is now telling us that we need to clean up any junk that was left over, otherwise he'll hire a cleaning crew and bill us the cost. We don't believe he has our names but we're pretty sure he has the names of the previous owners, our parents. My question is, even though we having no contract or lease on the property and therefore not legal tenants, can he bill us to clean the property, and can he invade our privacy to find out our names and current address to do so?


Asked on 11/22/09, 1:35 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd guess that the law would treat you as guests of your parents, the former owners, and therefore, whatever harm or problems you may have caused, if any, during your stay in the house would be attributable to your hosts (the parents). I believe the buyer at a foreclosure sale takes the real property "as is" but the prior owner is nevertheless responsible for removal of any personal property, including the "junk." Therefore, I'm guessing that your parents are the ones who would end up paying the bill. The new owners would probably not care what your names are. However, if there is a lawsuit over this, your identities and current addresses would be fair game for discovery.

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Answered on 11/27/09, 3:53 pm


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