Foreclosure in Sacramento>Question Details

Frustrated, Other/Just Looking in Sacramento, CA

What are my rights as a tenant in a pre-foreclosed/foreclosed home?

Asked by Frustrated, Sacramento, CA Fri Oct 23, 2009

I am a tenant in a home I have been renting for almost 2 years. The owner of the home just gave us notice the first week of sept. that we had to move out by nov.6th. The owner claims that they will be short-selling the house. However, there has been no for-sale sign put up and we have not received any written notice to move, just verbal. With a little investigation of my own, I found out that the owner has not paid the mortgage in over 7 months and is in default. What are my rights? Do I have to move? Am I entitled to cash for keys?

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Frustrated, This link http://www.dca.ca.gov/publications/landlordbook/catenant.pdf is for the state of C alifornia.

Unfortunately, you are bound to the contractual lease agreement of the landlord on title, regardless of the financial situation of the landlord.

Wit the knowledge that the landlord is in foreclosure trouble, do you really need a notice to vacate? Because you don't have much insight to the details of what might be forthcoming, you may want to give your own "notice" and get out of there and settled into some place comfortable... especially with the upcoming holidays, you don't want to spend them stressing and moving.

In your next rental, use the same method you used to find out about your current landlord's situation and "sift" through landlords until you find one with no mortgage woes.

Or, if you are able, consider taking advantage of the current market and become an owner and rid yourself of the fear of being put in this postion again.

My best to you!

Keisha Mathews, REALTOR
Certified Distressed Property Expert (CDPE)
0 votes Thank Flag Link Sat Oct 24, 2009
Hi, this link / information mgith help.
http://www.nolo.com/legal-encyclopedia/article-30064.html
0 votes Thank Flag Link Fri Oct 23, 2009
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