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We rent a house in Ojai, Ca and found out that the owner is

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We rent a house in Ojai, Ca and found out that the owner is facing foreclosure and the house is up for auction this month. He has put it off for the last 4 months, but still expects rent. We want to leave but need to save money to do so. I recieved a letter from Recon Trust that says he was in default since November 14, 2007. We signed our lease with him December 15, 2007 and it was not disclosed...what are my options at this point?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 3 years ago.
Sorry to hear what you are going through.

1) Under the Helping Families Save Their Home Act, a tenant cannot be asked to vacate their rental property without proper notice. If the purchaser is planning to live on the foreclosed property, then the tenant is entitled to 90 days notice, otherwise the purchaser may be required to allow the tenants to live their for the balance of their written lease, unless you violate the terms of the lease (such as not paying rent, for example).

See act here

2) If you do vacate prematurely, it is possible to sue the landlord for breach of contract since the landlord is obligated to provide tenants with a habitable residence and foreclosing affects his obligations to provide you with such a residence. You may be entitled to compensation for finding a new place, relocation costs, and other costs not anticipated if landlord did not breach his obligations.




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Customer: replied 3 years ago.
I understand this part of it, but what is the recorse if we refuse to pay rent to him. He has not been forth right since day one. How long does it take to go through the eviction process, and is it possible to have a judge throw out an eviction if we move before the date of court
Expert:  Attorney & Mediator replied 3 years ago.
So long as you are living on the property you are still obligated to pay rent or else you will be in breach of the lease and can be sued for unpaid rent and evicted. If you fail to pay rent, the landlord can give you a 3 day notice to pay or quit. If you don't pay and remain, then the landlord can file an unlawful detainer action which depending on how quickly the court can hear the case can take about 30 days to be heard. If the landlord wins they can use the sheriff to evict you and your credit score will be jeapordized.

The better approach is to show you are in full compliance and sue the landlord for the additional expenses you incurred due to their breach.




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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience: Lawyer,Former Broker and Just Answer Legal Mentor
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