Do I pay my landlord?

UPDATED: Sep 30, 2022

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Do I pay my landlord?

my landlord has a foreclosure so he is trying
to sell the house before the foreclosure ends
in a month but he still wants the rent i have
a month to month rent i heard that i have the
right to get 30 days of not paying the rent
before he sales the house or loses it and
today we cut out the water so we don’t have

Asked on February 9, 2017 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Until your landlord is no longer the legal owner, you must continue to pay your rent. This is true whether or not they are paying the mortgage. However, if the foreclosure has already taken place and ownership of the property has passed, then your rental obligation to this landlord has terminated. You now owe rent to the new landlord; you should be notified by the bank as this. You should be aware that in the event of a foreclosure, a tenant still has certain rights to occupancy. In the event of foreclosure, a tenant with a month-to-month lease has to be given at least 90 days notice to move. Additionally, in cases where state law provides more protection than the federal law, the state law applies. Further, as for any security deposit, your current (not future) landlord is responsible for its return.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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