Fresno, CA asked in Foreclosure for California

Q: the landlord has not made payments for 8 months, so the house is in pre foreclosure status. The property was due to be

sold on 6/18/20. I the renter is still paying rent. Do I have to continue to pay rent?

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Under normal circumstances your payment of rent is not dependent on the Owner paying the mortgage, which is unfortunate because if the LL does not pay the mtg. the house is foreclosed and you are evicted by the bank. I have never heard of a bank letting a renter stay and pay the rent to the bank, after foreclosure, even thought that seems to me to be a good idea in times when the market is slow. The real risk is the potential damage to your credit rating if an eviction is filed against you for non payment of rent. If you don't pay rent you will get a 3 day notice and the LL can prevail in an eviction unless you have a valid defense (such as protection under the COVID rules). It is risky to think you have a great defense, do you want to risk your credit rating for that? If the property was advertised for sale there is the phone number of the realtor on the sign, call them to see if the property sold.

Justia Disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.