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I am an tenant in a home which I learned last month is in pre-foreclosure. I with-held this month's rent and attempted to contact the owner via certified mail. The letter was returned unclaimed. Today I got a 3 DAY notice (from him) to "Pay or Quit" asking me to deposit the rent + late fees directly to his bank. I have tried to call him to discuss this matter but he will not respond. Can he evict me in such short notice?
State/Country relating to Question: California Already Tried: Just talked with a Real Estate agent.
<p>Hi there..... Leases are not terminated by foreclosure. The "Protecting Tenants at Foreclosure Act of 2009." provides that leases survive a foreclosure -- meaning the tenant can stay at least until the end of the lease, and that month-to-month tenants are entitled to 90 days' notice before having to move out. An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice. As a result, your lease remains a binding obligation and you must pay rent currently or your landlord has the right to commence eviction proceedings for non-payment of rent. </p><p> </p><p><em>I hope this has given you the guidance you were seeking. I wish you the best of luck!</em></p><p> </p><p><em> If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would <u>please click the GREEN "ACCEPT" button </u></em><em><u>NOW</u></em><em>, so that I receive credit for my work; otherwise, though you've made a deposit, I do not receive credit.</em></p><p> </p><p><em> If you need additional clarification on this question after clicking ACCEPT, please don't hesitate to click "Reply" and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. </em></p><p> </p><p><em>The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.</em></p>
I also wanted to know how long is an eviction process?
<p>In California, to start an eviction (called an Unlawful Detainer) based on the nonpayment of rent, you would start by serving a 3-Day Notice to Pay Rent or Quit. It must be properly served -- which is personal service (handing them the notice), or by posting a copy on the front door and simultaneously mailing one. If the tenant does not, you then have to file for an Unlawful Detainer case in court. Once filed, a judge will usually hear a Unlawful Detainer case within 20 days. At that point, if the tenant does not pay, the tenant will get evicted. </p><p> </p><p> </p><p><em>I hope this has given you the guidance you were seeking. I wish you the best of luck!</em></p><p> </p><p><em> If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would <u>please click the GREEN "ACCEPT" button </u></em><em><u>NOW</u></em><em>, so that I receive credit for my work; otherwise, though you've made a deposit, I do not receive credit.</em></p><p> </p><p><em> If you need additional clarification on this question after clicking ACCEPT, please don't hesitate to click "Reply" and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. </em></p><p> </p><p><em>The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.</em></p>
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