Security deposit is held by the landlord. I don't beleive that you can use her deposit to covr the costs of cleaning but you can discuss this issue to your landlord. Good luck to you. Emil (925) 408-6999, email:firstname.lastname@example.org). If you are interested in purchasing a home, please feel free to contact me. I can help you. Emil... more
First at all, i would like to know what kind of agent are you ? If you are realtor in SSK and if you do not have CA License than you are not allow to practice as a Realtor in CA.. If I may, I would like to assist you in finding a rental property in Walnut Creek. My cell is 925-408-6999 and my email is email@example.com.... more
If your lease is 12 months and effective until December 2011 this indicates your lease was recently issued. If the Trustee Sale is already scheduled this also indicates the Notice of Default was filed against your landlord before your lease was issued. If the above statements are both true then The Protecting Tenants at Foreclosure Act will NOT apply to you. This Law specifically states in section 702.2A, " Any bonafide lease entered into before the notice of foreclosure". This notice of foreclosure specifically applies to the notice of default/ Lis Pendens filed against the property.
If the Protecting Tenants at Foreclosure Act does not apply to you all eviction proceedings after the sale must conform with California State Laws, which require the new owner to provide you with a 60 day notice before eviction if the lease was in effect after the the notice of foreclosure was filed against the owner. If the lease was in effect before the notice of foreclosure was filed against the property and the property sells at the foreclosure sale the new owner must allow the tenant to live out the remainder of the lease.
To receive detailed information about the effects of foreclosures on tenants in your state and your rights click the link here, http://foreclosurecourt.org/rental-laws-and-foreclosure-eviction.html
I would also advise you as we do all tenants that you verify the next property you rent is not in foreclosure before you sign the lease, and as well you should monitor the property to locate any foreclosure notices filed against your landlord at the earliest possible moment. If this was done you would have received notice of this sale months earlier. To monitor your property for foreclosure activity click the link , http://foreclosurecourt.org/find-out-if-your-home-is-in-foreclosure.html
i would also suggest that you stop paying rent immediately and deposit the rents in an escrow account. If the landlord attempts to evict you he must first serve you with a 30 day notice and upon your refusal to comply he has to then go to court an apply for a court date to request an eviction hearing. At that time you can explain your case to the judge who will rule against you or in your favor. If the judge rules against you and the rent is in an escrow account you will be able to easily pay-up the rents. But we have found that once the property has been served with a notice of sale the landlords by a much greater percentage do not follow through with the final request for a court date. It is a win/win for you in both cases. If the court rules for you or the landlord fails to follow through on the eviction the monies for the rent is in an account. If the court rules in favor of the landlord the monies will be in an account.... more