i have no lease and the property is in foreclosure, do i have to get out without a proper evection notice?

Asked by nickbonfante79, 12188 Mon Mar 11, 2013

landlord said bank was coming to change the locks, can they do that without an evection notice?

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nickbonfante…, Renter, 12188
Tue Mar 12, 2013
Thanks for all the responces they are very helpful, but i hope the laws are the same in new york state cause that where i live. Some how i messed up andsaid i live in CA.
1 vote
Ricky Ablaza, Agent, Milpitas, CA
Mon Mar 11, 2013
HI Nickbonfante79,

Whether you have a contract or not, just stay put. They cannot just evict you. There is a process that the new owner of foreclosed property has to follow. It will take 30 to 90 days. They may offer you cash for keys. This amount ranges from $2500 to $10000 or more in some cases. You will definitely leave this home happy with some extra cash in your pocket.
1 vote
Bradley Wils…, Agent, San Jose, CA
Mon Mar 11, 2013
Hi Nick, my understanding in California is that tenants of a foreclosed property have to
be given a minimum of 90 Days to vacate the property. This does not matter if it is the
bank who now owns the home or a private party, LLC or Corporation. If you have a lease
that is longer than 90 days from the date you are served notice then the new owner has to
honor your lease termination date.


Bradley Wilson
488 Blossom Hill Rd. Suite B
San Jose, CA 95123
DRE 01491944 NMLS 340990
Direct: (408) 228-7867
FAX: (408) 273-6975
1 vote
Ron Thomas, Agent, Fresno, CA
Mon Mar 11, 2013
According to the Tenant's Rights Act of 2009, you will have 30 from the time that they notify you.
At that same time, they might offer you Cash-for-Keys.
They have to treat you right.
1 vote
Mitchell Pea…, Agent, San Jose, CA
Mon Mar 11, 2013

If your rent is paid up, you have a right to stay till the end of the paid up period. But no, they cannot just change the locks and lock you out of your home. I expect someone from the bank will drop by to check on the property. At that pint you should get some official contact this person type of note telling you who to contact. Might be a good time to see if you can buy the property. Maybe we should meet to explore such options?

Mitchell Pearce
1 vote
charles butt…, Agent, san jose, CA
Mon Mar 11, 2013
Thank you for your question, Nick:

You have received excellent responses from Mitchell Pierce, Ron Thomas, Bradley Wilson and Sheryl Arndt.

This is a legal issue. My experience with this issue is that the banks and their representatives often do not follow the law. If the lender and their representatives do not follow the law, you will need an Attorney to force them to follow the law, if necessary.

The Attorney that I recommend is Ron Rossi. You may reach Mr. Rossi at his telephone number: (408)261-4252.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
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