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Question

We have rented our home for 12 years. Our landlord lost it in foreclosure and now the sheriff brought us a notice to vacate by 2-07-2009.

Submitted: 409 days and 17 hours ago.
Category: Legal
Value: $45
Status: CLOSED
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Optional Information

south gate, California

Already Tried:
Nothing. Have no idea what to do. This is very urgent, we have three small children in school and my wife is handicapped.
We muast vacate by 2-07-2009. Landlord lost home in foreclosure.
How can we prolong this for 90 days to give us time to locate a school for the kids?

Posted by Law Pro 409 days and 17 hours ago.

Info Request

What state are you in?

409 days and 17 hours ago.

Reply

We are in South Gate, Cal. 90280

Posted by Law Pro 409 days and 17 hours ago.

Info Request

Under state law, California tenants have no rights. State law allows the new
owner (if someone buys the building) or the lender to evict almost all tenants
by serving them with a 30-days' notice to vacate the property. Lenders
generally don't want to become landlords and will usually force any tenants to
vacate the building promptly. It's possible that, as the foreclosure crisis
deepens, lenders may want tenants to stay, if only to protect the building from
squatters, vandals and the deterioration that comes with long-term vacancy. At
this point, as in your case, the lender will served you with a 30-days'
notice to vacate your home.

The lease is voided by the foreclosure, and the lender need only give you a 30-days' notice.

But in a very small number of cases, a lender may be forced to allow a tenant
to stay until the expiration of the lease. If, and only if, you signed your
lease before the landlord took out the mortgage on which she or he defaulted,
the lender must allow you to stay for the entire lease period. Because
foreclosure in California takes so long, even if your lease was signed before
your landlord took out the mortgage, it's unlikely that you'll have more than a
couple of months left on the lease, and it may not be worth the trouble to
enforce your rights here. But if you do decide to try to stay through the end
of your lease, you should contact a lawyer specializing in tenants' rights
immediately. Don't expect to just tell the lender that you're "first in time,
first in right" without having legal muscle to back you up.

[The "first in time, first in right" issue may be more trouble than it's worth.
You may have to have recorded the lease prior to the time the landlord took out
the loan. In most cases that wouldn't be worth the trouble.]

 

Did you sign your lease before the landlord purchased the property?

409 days and 16 hours ago.

Reply

I never signed a lease, it was month to month.

409 days and 16 hours ago.

Reply

I never signed a lease, it was month to month. I was only given a 7 day notice.

Accepted Answer

Oh, then they only have to give you a 30 day notice to vacate - if you don't the bank has to go through eviction procedures. If you need additional time - your best bet would be to contact the bank and ask if they can't give you an extension of time - usually they will especially in cases like yours.

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Expert: Law Pro
Pos. Feedback: 99.3 %
Accepts: 2336
Answered: 2/3/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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