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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I'm a tenant in a condo complex . The HOA has foreclosured

Customer Question

I'm a tenant in a condo complex . The HOA has foreclosured on the property for pass due fees . Now they are telling me to pay rent to them . But I have section 8 and they pay apportion . I told the HOA to contact section 8 . Their seems to be a problem with the title and section 8 refuses to pay . And told the HOA the owner has 90 days before the foreclosure process is complete . So now the HOA has listed the property to sell it and asking me for a key or they're going to change the locks . Is this all legal please help me . I'm recently finishing chemo and this is stressing me out !
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
If the HOA has foreclosed on the property and actually holds title to the unit, but they are allowing you to continue living there as a tenant (you are receiving Sec. 8 and paying rent), they have a right of access as your landlord.This right of access includes a right of access to show the unit to potential buyers in the course of listing and selling the property. In order to gain access they are entitled to a key, if you do not provide them with a key, they can have the locks changed as long as they provide you with one (under traditional circumstances for a landlord/tenant relationship I would say that this could not happen - it is impermissible for the landlord to change the locks, but in this rather unusual circumstance the landlord has no access to the unit unless they get a locksmith to come and gain access - so they do have a right to gain access, as long as they provide you with keys so you can enter).If they change the locks but do not provide you with keys, this is an "illegal eviction" and you can sue the HOA for damages.You do get 90 days notice prior to any lease termination without cause in California.However, failure to allow access is grounds for the HOA to give you a "3 day notice to cure" and they can terminate your lease sooner 'for cause' (you may want to reconsider providing the landlord with access).Again, just to confirm, your HOA has actually foreclosed on the property and they are now the owners of your unit - this makes them the landlord. You are renting the unit with the assistance of Section 8 funds - this makes you a tenant. The above information is conditioned on the above understanding. Please also keep in mind, this information is general in nature and is not a substitute for formal legal advice from a local attorney.

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