Foreclosure in Santa Maria>Question Details

Jan, Other/Just Looking in Santa Maria, CA

the owner of this home told us that it is going to get foreclosed but they never gave us our last month rent

Asked by Jan, Santa Maria, CA Sun May 25, 2008

which is 1500. what do we do? never gave us a written 30 day notice. help

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Hi Jan,

Did they keep your last month's rent or your security deposit? There is a difference. Are you still in the home? If you qualify, you may be able to find help at Legal Aid. They have a walk in legal self help clinic at the Cook Courthouse law library. Hope this helps.

0 votes Thank Flag Link Sun Jul 6, 2008
Under California Civl Code 1950.5 Section H-J, you are entitled to your security deposit, even if the home was foreclosed on. You can take the lender to small claims court because they are now the new owners. You also are entitled to a 30 day notice as a tenant. Go for it, you may also be entitled to damages now that the 21 days have passed.
0 votes Thank Flag Link Sat Jun 28, 2008
In reference to the work that might be required to return the property to it's original condition and thus be deducted from your security deposit, that does not include items that can be considered as "normal wear and tear". If there are deductions made that you disagree with you always have the right to pursue this action through the small claims court system. This avenue most generally is in sympathy with the tenant and will ensure that your rights are protected.
0 votes Thank Flag Link Fri May 30, 2008

I am sorry to hear about your situation. It is happening more and more frequently these days to good tenants who pay their rent on time each month. Unfortunately, it has been my experience that when the bank takes over through a foreclosure the tenant does not get their security deposit back. The security deposit is part of a contract between you and the former owner. You can probably sue the former landlord in small claims court for your security deposit, if it is not refunded and you left the home in good shape (take pictures before you move out since you don't know what will happen to the property after you vacate). The problem is, even though the landlord may owe you the money, he is not paying his other bills (like the mortgage) so you may also have difficulty collecting from him. You should check with a tenant/landlord attorney about your rights and then follow through.

Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
0 votes Thank Flag Link Sun May 25, 2008
You might be able to get the lender to pay if the "last months rent" was really a "security deposit". Many rents think their "security deposit" is really the last months rent. Check your lease. Most landlords today get 1st,last AND a security deposit or at LEAST a "security deposit". When you move out or get evicted, show the eviction company your rental agreement. Hopefully it states "security deposit". Then hopefully you ALSO have a move-in walk through showing condition of the property so when you do move out the lender can't arbitrarily list items which already had been damaged. If you DO have a security deposit then they must return it to you three weeks after vacating, providing damage has not been done. The new landlord can list those items needing work and deduct from the security deposit. You may wish to check with a local tenant’s rights group.
0 votes Thank Flag Link Sun May 25, 2008
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