Erin...Sounds like the real issue here is the eviction. It also sounds like you have no current lease? CA has very stringent rules that the landlord must follow. I recommend you go to the state agency that is in place to help people with tenant/landlord issues. They can at least help you to make sure the landlord is not violating any eviction requirements in the law. Best of luck...... more
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Thumbs up to Ron Thomas! Please proceed with caution and know laws vary from state to state. A real estate agent is the wrong person to address this question to. If you can't resolve this issue and feel you must get her out check with local law enforcement and an attorney prior to dealing with this unfortunate situation.... more
After reading page 4 of the attached document it certainly looks as though you are able to have her removed as a trespasser. Make a phone call and spend $100 to consult an attorney. It will be worth it in the end.... more
Just ask the owner before committing to the lease or go month to month. Patterson seems like they have a lot of rentals and foreclosures. Some folks just bought homes and are turning them into rentals. Good luck.... more
Because I am not a real estate attorney, I can't comment on the legality of the rental agreement, because I am not qualified to give legal advice. However, the intention of the agreement assumes that the landlord will be using your rent payment to make the mortgage payment to the bank. He has clearly not been doing so, probably not for several months. He has been pocketing your rent, but not making the payment to the bank. Because I sell many bank-owned properties, my responsibilities include speaking with tenants of recently-foreclosed properties all the time. It's not fun. But what I can tell you is that I have never spoken with one that got their deposit back from the landlord. If it were me in that situation, I would demand the deposit money back and take the landlord to small claims court to enforce it if necessary. However, your thought of not making a payment because the house it about to be foreclosed on in 7 days seems very reasonable to me. If you are still under your lease contract period, then he should have given you 60 days. I wouldn't make another payment until I saw a mortgage statement showing no delinquent balance if I were you (though that clearly won't ever happen on this house, I'd bet). Chances are that sometime shortly after 6/15 a real estate agent will knock on your door to inform you that the bank now owns the home, and begin negotiating for a voluntary vacancy. Which means you might as well start looking around for another home to rent, unfortunately.
Hope that helps,
The Lewis Team at Prudential California Realty... more
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"Rocky" G.H. Hawrysz
Broker Associate, REALTORÂ®, e-ProÂ®, ABRÂ®
Prudential California Realty