What to do if my landlord is termiating my lease but won’t refund my pre-paid rent?

I am a current tenant of a home. The landlord’s home is going into foreclosure so he is attempting to short sell. He has filed a 30 day notice of termination of tenancy even though we have a 1 year lease and have paid them a prepaid amount to pay for the whole year. They do not want to give the money back. What should I do?

Asked on September 24, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to realize that under the laws of all states in this country since you have a one (1) year lease which you prepaid for, your landlord cannot legally terminate your lease because the property is up for a short sale listing and is in foreclosure.

Any buyer of the property at a short sale or in a foreclosure takes your residential lease with the property.

You have the upper hand in the matter you are writing about. You do not have to move yet. I suggest that you consult further with a landlord tenant attorney to protect your interests.

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