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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37412
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am currently renting a house from my sister and her husband.

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I am currently renting a house from my sister and her husband. They have left the state. They are letting the house go to foreclosure and have contract a real estate agent with the hope of a short sale. I received a text from her telling me to advise what we are doing regards moving. Told her we are looking. She said that if the rent was not paid by the 1st of the month we needed to be out. There has been no official notice by the real estate agent or her. Is this true? I have Four Children under the age of 11 and both my husband and I work full time.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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No, that is not true. You can not be forced to move out until an actual formal order of eviction is entered against you by a judge. This can only happen if the owner of the house files a formal eviction action against you for either not paying the rent or if they are terminating the lease. In CA a landlord has to give a 30 day written notice to terminate if the tenant has lived there under a year and a 60 day if they have lived there over a year. If the tenant doesn't pay the rent, the landlord can give them a 3 day notice to pay or vacate and then file a formal eviction action.
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But if the house goes to a foreclosure, it could literally take months before an actual sale occurred and even then, the new owner would have to serve you with a 3 day notice to vacate before he could file a formal eviction action.
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So if no one has given you any type of written notice to vacate, it would be at least two months before you could be forced out by the sheriff as long as you are current on your rent.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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