the home i rent is going to auction on the 11th of this month so does that mean i only pay rent up to the 11th of this month?

Asked by Maria Pierce, Sacramento, CA Thu Jun 7, 2012

I don't want to pay the full rent of the owner is just going to pocket it because I know she is not paying the mortgage, so when the property goes to Auction that means she no longer owns it right? therefore I only pay rent up to the 11th (which is the date of the auction)

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5
Wendy Zampar…, , Roseville, CA
Fri Jan 24, 2014
Maria,

Do take advantage of the DCA's California Tenant's and Landlord's Rights and Responsibilities handbook http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Additionally, these resources might also be helpful:
Human Rights Fair Housing
1112 "I" Street, Suite 250
Sacramento, CA 95814
Housing Counseling Hotline: (916) 444-0178
Main: (916) 444-6903

Legal Services of Northern California
515 12th Street
Sacramento, CA 95814
(916) 551-2150
sacto@lsnc.net

Sacramento Mediation Center
2015 J Street, Suite 2014
Sacramento, CA 95811
(916) 441-7979
Sacramento@calawyersforthearts.org

Senior Legal Hotline
(916) 551-2140
(800) 222-1573
Fax (916) 551-2197

It is unlikely, you will get much help from the DA. But you are under obligation to pay your rent as the others have stated.

Consider Sue Archers offer, too. It is quite often the case a person may purchase for less than they pay in rent. Even with foreclosure or bankruptcy, it is entirely possible to get a home loan with a couple of years.
0 votes
Maria Pierce, Renter, Sacramento, CA
Fri Jun 8, 2012
thanks everyone for the answers I do not have a lease its month to month and i do not trust the landlord to tell me the truth because she has lied to me before sooo i guess a DA would be my best bet
0 votes
Sue Archer R…, Agent, Palm Harbor, FL
Fri Jun 8, 2012
It may not sell on the 11th. There's lots of reasons that they delay the sale date.

Your contract is between you and the landlord and will be seen that way in any court of law. The fact that she is not fulfilling her obligation on another contract does not eliminate your responsibility.

Your question is a legal one that should be answered by an attorney. I would suggest you contact the legal assistance office at the Sacramento county courthouse. They might be able to give you some guidance.

But it's always a good idea to contact the landlord and discuss it with her. She may negotiate something with you. In addition, once the house goes to auction, you have the right to the property for 90 days after the foreclosure sale so you are not evicted the next day, as you might imagine. That's another good reason to talk to an attorney to understand your rights in the case of a foreclosure.

Last, have you thought about buying the home? if it is foreclosed, you most often will have the option to buy the home and actually pay less for your monthly payment than you're paying now. if you'd like to discuss THAT option, I can give you more detail. it's a unique opportunity for you that you ought to consider.

Good luck!
0 votes
Keisha Mathe…, Agent, Elk Grove, CA
Thu Jun 7, 2012
Hi Maria,

You want to continue payig rent according to your lease. State law says you must honor the terms of your contract. In this link is the California Tenant's and Landlord's Rights and Responsibilities handbook (http://www.dca.ca.gov/publications/landlordbook/catenant.pdf).

It has a section dealing specifically with your situation when a property is sold in foreclosure (page 48).

Hope that helps!

Keisha Mathews, REALTOR®
CDPE®, HRC®, HAFA® Certified
The Short Sale Lady(sm)
Century 21 Landmark Network
(916) 370-1803
(916) 405-3886
keisha.mathews@century21.com
http://www.SheSoldItForMe.com
lic#: 01439130
0 votes
Michele Pete…, Agent, Rocklin, CA
Thu Jun 7, 2012
If you have a valid lease..You have rights still and the new honor is held to honoring your lease until it expires. And of course as long as you pay your rent on time.
0 votes
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