What to do if we are getting foreclosure notices of the house we are renting but when I ask the landlord she is saying she is fixing it?

We are renting a house but we have been getting fore closure notices of the house. When I asked the land lord she says she is fixing it with the bank but they are still coming. We didn’t do another contract with her because she wouldn’t fix anything, so we have no contract but we still pay the rent. What should we do?

Asked on June 7, 2012 under Real Estate Law, California


Janet Martin / Janet Martin Attorney at Law

Answered 8 years ago | Contributor

This is a common problem. And there are tenant protections in Calif to allow you ample notice if and when the lender does foreclose. The lender may even offer to pay you money to vacate the place or may continue to rent it to you. Your Landlord in theory is in breach of the lease (it continues on a month to month basis, same terms), but it is doubtful there is a term that requires the Landord to pay all mortgage payments on time---note to yourself with the next lease--because then you could be justified in stop paying the rent. You could anyway, and if she threatens to bring an unlawful detainer action (eviction), then she is probably telling the truth about working it out with the lender..if she is  expecting to get foreclosed she will not spend the money on an eviction. SInce you are month to month my guess is that she did not renew the lease because she is going to get foreclosed upon and with no lease you can be kicked out even quicker. My suggestion is to demand proof of whatever she says she is doing to fix the problem, and frankly just withhold rent and save for your moving expenses, 1st month and last. If she is serious about keeping the house, get a lease with provisions that address foreclosure and mortgage payments--it will protect you more if the home does get foreclosed. Otherwise you should start looking elsewhere and save your money. FINAL DANGER, you will get a Notice of Trustee's Sales which must be posted to the property 20 days prior to the sale.

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