Foreclosure in San Bruno>Question Details

Nick, Renter in San Bruno, CA

I'm a tenant and house is being auction for sale this month. Landlord is still asking me to pay him for damage in the house.

Asked by Nick, San Bruno, CA Mon Aug 2, 2010

Hi i'm a tenant and the house is being foreclose and auction for sale this month. the owner is asking me to pay him for the damage in the house? does he still have the right to collect money from me? need advice please and please excuse my grammar! thank you!

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7
Keith Sorem’s answer
So, assuming that you did trash the house, your lease is still with the the owner of title, your landlord.
Regardless of the circumstances of the loan modification, if you owe money, you owe money.

The right for the landlord to collect for damages caused by you that exceed the allowable wear and tear is within his rights and if true you should pay.

Taking advantage by damaging someone's property and then figuring out a way not to pay a legitimate claim is stealing.

To put it another way, how would you feel if the roles were reversed?
0 votes Thank Flag Link Mon Aug 2, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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When an owner is in the process of doing a short sale or a loan modification the bank will sometimes delay the foreclosure sale so there's more time for them to work it out. But that doesn't help with your main question. I wish I could answer that but you really need to talk to a professional in landlord-tenant law.

It sounds like it's been awful but it'll be better now that you're in a new home. Once you get some good advice you'll be able to move on from all this stress.
0 votes Thank Flag Link Mon Aug 2, 2010
hi david, well actually i found a new place already and he had been leaving me a message asking me to pay him for the carpet and debris in the backyard. Anyway to make my story short he was saying that he was doing a loan modification on his house and its been approved by the bank already. but what i dont get is why is the house is still being auction on july 6 and it was postpone to august 6? telling me that he needs to fix the place for the new tenant that's ready to move in this month? i've been living in that place for 4 years and its sad that all of a sudden my family been receiving all the foreclosure letter in front of the door.

So we didn't want to stress about waiting and getting evicted and we left the house the following month.Its been so stressful on my part. i just want to change my number and just forget about it since im not in that place anymore. but i had a good relationship with the owner. but i feel like i've been betrayed.

Excuse my grammar again!

Thank you!
0 votes Thank Flag Link Mon Aug 2, 2010
Seems funny how he wants you to make your payment although he didn't make his. This is a legal question and should be answered by an attorney.

Try calling Richard Kelly in RWC, he is a Judge and attorney who specializes in rental law. 650-369-3338.

If you need help finding a new place, try http://www.Faytherentalqueen.com 650-455-6072.

Good luck,

Tap
0 votes Thank Flag Link Mon Aug 2, 2010
actually i have $1000 deposit and he was telling me if the damage is more than my security deposit he would either want me to pay for the rest or bring me to court.

but my question is. since the house is being auction and pre-foreclose does he still have the right to collect money? i'll check the website too.
0 votes Thank Flag Link Mon Aug 2, 2010
Nick - Perhaps he's trying to keep your security deposit...if you submitted one initially.
0 votes Thank Flag Link Mon Aug 2, 2010
Hi Nick

I wouldn't think so but check with these folks: http://www.housing.org/sanmateotenants/ They'll should be able to send you in the right direction.

Best
Vicki
0 votes Thank Flag Link Mon Aug 2, 2010
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