My parents’ landlord is letting their house go into forclosure and is now evicting them, what are the laws and can they sue them?

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My parents’ landlord is letting their house go into forclosure and is now evicting them, what are the laws and can they sue them?

They have been renting for about 3 years, but did not sign a lease. 2 months ago, they found out that the landlord has not been paying for the mortgage. They told my parents that even though they are not paying for the mortgage my parents “still” have to pay the rent or they must move out immediately. The landlords have shown no remorse for them not having a place to live.

Asked on June 5, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your parents don't have to move out immediately, until and unless there's a court order that says so.  And the landlord can't get that court order without following every step of the process under the law.

Without a written lease, your parents are month-to-month tenants.  This means that they can move out -- or the landlord can increase the rent -- on one month's notice, taking effect on the first day monthly rent is due that is at least a full month after the notice.

For reliable advice on what your parents should do, based on all of the facts of their situation, they should speak to an attorney in their area.  One place to find a lawyer is our website, http://attorneypages.com

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should contact a local attorney who specializes in this type of law because there may be a caveat in CA regarding this issue especially with the economy as it is today. However in short I would have to say that your parents have to pay rent. Whether the landlord chooses to go into foreclosure or not is a separate issue.

Especially without a lease your parents have no possible avenue to pursue because the fact remains that whether the property is going into foreclosure or not your parents have no right to that property and rent is the only way to put a stake in possession for the time period that rent covers.

So as i said call a local attorney but short of a possible exception I am unaware of they have no recourse at this point


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