Renterxyz, Renter in Salida, CA

Renters received 3-day eviction notice due to Short Sale. What are our rights with only a verbal rental agreement (wife's parents own the home)?

Asked by Renterxyz, Salida, CA Thu Oct 27, 2011

This is a nightmare situation!! We have rented a home for the last 3 years that my wife's parents own. It was a month-to-month rental without a written contract (but we have payment receipts). They stopped making mortgage payments & when we finally found that out they told us to stop paying rent because the house was going into foreclosure. Her parents listed the house as a "Short Sale" & last week they said the bank had accepted a buyers offer. Today we received a 3-Day Notice from her parents & now they say that escrow won't close unless we move out. We can no longer trust them & don't know if we have renters rights to 60 or 90 days under these circumstances .

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Michael Ford, Agent,
Wed Oct 17, 2012
it's been a year RenterXYZ. can you let us know what the result was of your situation?
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ngoclan42, Home Buyer, Los Angeles, CA
Tue Oct 16, 2012
Does anybody have a 3 notice sample for previous owner after a short sale? Some lawyers said .3/90 foreclosure notice to quit is the right one, but other lawyers said it is not the right one. Any help is highly appreciated Thanks a lot
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Michael Ford, Agent,
Thu Oct 27, 2011
there are many moving parts to this, not the least is the family dynamic that may be forever changed.

first things first...their sale/escrow isn't your problem. they have only a claim on you for rent and their options are to pay you to leave or evict for non-payment of rent. they might claim that you are not bona fide tenants but they are wrong.

by any standard you are tenants and the sale is not an element of the tenancy relationship they have to you. yours is a pure landlord tenant relationship with all the standard obligations and protections that california affords. if they entered into a sale contract that didn't take your presence into account and make you well aware of the need to be gone at a certain time or date, then they AND THEIR AGENTS ARE STUPID. the general rule is that you are entitled to 60 days notice, but the failure to pay rent makes this a simple eviction for failure to pay rent.

there is no such thing as a 3 day eviction notice. you may have gotten a three day notice to pay rent or quit, a three day notice to vacate, or some other doc but an eviction is a lawsuit for possession and they take far longer than 3 days. you would have been served that suit by a third party server, not the landlords.

since your home wasn't foreclosed on the "obama laws" are not applicable as i understand them, so my advice is to take the money you saved by not paying rent to them and go rent another place. you saved the money didn't you? of course you did!
0 votes
Ron Thomas, Agent, Fresno, CA
Thu Oct 27, 2011
They say you can't choose your family!

President Obama signed a bill protecting Tenants in the event of a situation like this.
Google "tenant's rights, california"; you will see a bunch including HUD.GOV

Your moving should have nothing to do with the Escrow Closing.
At this point, you may question anything you hear from them.

Good luck and may God bless
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