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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Jul 7th, 2008 10:05 PM Join Date: Jul 2008
Posts: 2
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I am renting month to month in CA, learned condo occupied by landlord and myself was in foreclosure. She sold it in a short sale 2 days before auction. She is fuzzy on details, says paperwork is being processed, and that new owners are to move in July 15-or 25th. I have yet to get anything in writing, as the saying goes, this is business. I think she believes I'll merrily pack and move. I am looking for new housing, but won't move to crap, or make another mistake, as in not checking court records, title.
Under CA rental law, in handbook it seems I am a "lodger," as its just me and her. But it appears I am entitled to written notice, and 30 days, at that, not just BOO go away. Can she predate notice if I demand one? To be that's hardly honest. I started paying her week to week after it clicked, she hadn't paid mortgage in months. The sale should go through in a few days, do I deal with banl/new owners then? She is simply using my rent money for her expenses, as in gas, food, dogfood. Can I hold bank/new owners/her accountable for relocation expenses? I have learned condo board is suiing her for non-payment of dues, a suit delayed due to sale. She seems to be benefiting from being a deadbeat. I also learned place was up for sale last year, didn't sell, she had me move in as a tactic to delay foreclosure. None of this was disclosed. |
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#2 |
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Junior Member
Last Online:
Jul 6th, 2008 04:44 PM Join Date: Jul 2008
Posts: 1
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Since you're renting month to month and the property has been sold through a short sale, the new owners, if not acquired through a foreclosure sale (trustee sale) , must take subject to your month to month rental agreement. Meaning that if title has already transferred they must give you 30 days notice to vacate or what the terms of your agreement are.
If the property was sold at a trustee sale, the new owner, most likely the bank, must also have to give you 30 days notice to vacate. Either way you'll have 30 days from the date of the notice to move out. Unfortunately, you can not hold the bank or the new owners accountable for relocation expenses. You'll be lucky if you get your security deposit back. I gather you'll be looking for another place to live and would like to know ahead of time (before signing a lease) if you're future landlord is in foreclosure. We'll you're in luck! I've created a website where you check to see if the property you're about to rent is in foreclosure. You can even check one address for FREE. Go to checkforforeclosure.com We service the following counties in California: Los Angeles, Orange, San Diego, Riverside, San Bernardino, Ventura and Santa Barbara. Regards, Steve Gold sgold@tenantforeclosure.com |
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#3 |
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Junior Member
Last Online:
Jul 7th, 2008 10:05 PM Join Date: Jul 2008
Posts: 2
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Re: Daffy landlord? ss and having to move soon/help
Thanks for info.
Additional from me. It was sold at a short sale, 2 days before auction. Bizarre owner has only told me "we" as if we are a team, will have to move either july 15 or 25, depending on when escrow closed, and paperwork was supposed to be processed today. She hasn't mentioned it. I paid basically for 1st week, counting the mysterious unrefundable deposit, and added cash, plus, as previous months, I added her share of cable. If the place did sell officially, then she's no longer the owner, right? If I owe any further, shouldn't it be to bank/new owners. To date, I still haven't received a written 30 day notice. If this mucks up her sale, so be it. I can't imagine anyone not checking to see if I received notice, but they didn't. More scarey details. She (owner) is being sued by the condo board, hasn't paid dues in a year, made partial payment, then stopped. Their suit has been put on hold due to sale. Given I move in in March, this year, lying about her status was all she did. I have obtained suit info and property profile. Another site said new owner could chase me out in a weekl because I'd only paid a week---problem is, no one has informed me of new ownership. |
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#4 |
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Posts: n/a
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Until escrow finalizes and the title clears, the LL still owns the house. Continue paying rent until after the escrow date and you check to see if title has been registered with the courthouse. Once that happens, you can stop paying her rent.
Once title has been done, the new owner will give you the 30 day notice. If delivering a vacant house was a condition of her closing, then she should have given you the required notice. It may or may not hold up closing. But do let the new owners know after closing that you are a tenant in the property. You can find the new owners by calling the courthouse once the title is sent to them to register. "I paid basically for 1st week, counting the mysterious unrefundable deposit, and added cash, plus, as previous months, I added her share of cable." What do you mean by this? You cannot use your deposit as rent if that is what you mean. You can sue her after you vacate or the next owner if you vacate after they take possession since she was supposed to transfer your deposit to them at closing. A short sale is not a foreclosure and your tenancy rights, and any lease you have, transfer to the new owner. They must honor your montt to month residency and give you 30 days notice to vacate and refund your deposit. |
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