Do I pay my landlord?

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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
water

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

Answers:

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

Answered 4 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.


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