What to do about a rental foreclosure and notice to our landlord?

The house I was renting was foreclosed and sold to be lived in by the new owner and not rented out. They gave us a 60 day notice and said that we must give them at least a 30 day notice before we move out but the 30 day notice would end outside the window of the 60 day notice. Do we? Also, they’re trying to charge us a lot of money for the lawn/yard services(the lawn services stopped coming the last month of our tenancy and the lawn went yellow and uncut) which was being handled by the previous owner and the FDIC when it was foreclosed and was not written in our lease But we have document from the property manager stating that the previous owner and the FDIC had agreed to take care of the lawn service. Are we still liable?

Asked on September 10, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No you do not have to leave with in 60 days.  But you most probably have to leave with in 90 days.  In 2009 President Obama signed in to law the "Protecting Tenants at Foreclosure Act of 2009."   Before he signed this piece of legislation most renters lost their leases upon foreclosure. But this legislation provides that leases survive a foreclosure. The tenant could stay at least until the end of the lease (subject to an exception for owners that wish to live in the property - see below) and month-to-month tenants would be entitled to 90 days' notice before having to move out.  Which are you here?

As for the exception for the buyer who intends to live on the property,  the lease may be terminated with 90 days' notice.   As for the issue with the lawn services, please let an attorney see the document.  Generally speaking, courts look only to the lease and not other documents.  But it really all depends on what is also written in your lease.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming you signed a written lease with respect to the landlord of the home you once owned, the terms and conditions of the lease control your obligations owed to the landlord and vice versa. If the written lease has provisions concerning notice requirements for move out, then such control. If you have no written lease or if you do but there is no notice requirement for termination is mentioned, then the customary thirty (30) day notice of termination acceptable in most states in this country applies.

As to lawn service fee, unless you agreed in writing to pay for such at the rental, you have no obligation to do so.


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