my landlord is in foreclosure, the beneficiary is taking over june first, He is asking for rent and another deposit, I already put 1650.00 down as a deposit when i first started renting over two years ago, I always pay my rent on time im a good renter, but I dont want to put a new deposit down I dont think my landlord will give me back my deposit and he is demanding we pay him rent that the property is not in foreclosure and he will give us a 3 day notice if we dont pay. I am stuck in the middle of two people fighting I do have paperwork from the court house Shasta County saying foreclosure My landlord is very angry but I dont want to pay him and then pay the new people and loose all my money and have to take him to court to get it back, I need help please. Gwyn Williams
State/Country relating to question: California
called legal services no response I just need to know what to do
Hello and welcome,On what basis is the landlord demanding a new security deposit? How much is your monthly rent?
The new people that are buying or taking over the house are asking for a deposit of 1200.00 and the monthly rent to stay the same at 1200.00 My landlord that is going into foreclosure has my deposit of 1650.00 and is demanding I pay him rent and says the property is not in foreclosure. But I have paperwork from the courthouse stating it is in foreclosure.
I see.Until the property is sold at auction, you would typically continue to pay rent to the owner as usual. The new owners, once they take possession of the property, cannot demand payment of another deposit from you typically, but can sue the current owner for the amount he is holding if he does not turn it over to them.The new owners must typically honor the terms of the lease that you have in place and cannot require that you pay additional rent or a new deposit. Neither can the current owner violate the terms of the lease you have already signed.If either of them files suit to evict you, you should prevail in this matter since you are current on rent and not violating the lease.
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15 years of legal experience including real estate law.
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