What to do if my landlord is going through foreclosure on my current rental property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if my landlord is going through foreclosure on my current rental property?

I received a notice stateing the property was schedule for auction last month. My landlord called me 2 months ago and confirmed the notice and said not to worry about paying rent for that month; he would use my deposit. Now, apparently, the auction of the condo has been postponed and my landlord is demanding rent for the month before last, last month and this month. If I don’t pay by this Friday, he is changing the locks. Is this legal?

Asked on December 4, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Until the foreclosure actually occurs, and your landlord no longer owns the place (and therefore is no longer your landlord) you do have to pay rent, except and only to the degree that that landlord agrees to allow you to not pay. So he can seek rent if the foreclosure is being delayed.

2) However, he may not simply change the locks or otherwise lock you out. If he wants to evict you for nonpayment, he has to file an eviction action in court; he may also sue you for unpaid rent.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption