Anaheim, CA asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California

Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is January 30th and that the trustee now is clear recon group, should I contact them to let them know that the property is occupied? Do they have some sort of obligation to undo the block against us restoring utilities that The heirs of the landlord created with utility company for utilities that were supposed to be included in our rent? Do they inherit any liability for the fact that we've been living without electricity gas and running water for months, had to purchase generators and spend twice as much as we would have spent on rent on gas and ready to eat food? Or obligation to mitigate the mold and rodent problem that has exploded here since they did this? Trying not to end up screwed

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.

Regarding utilities, in California, tenants have rights under state law. If utilities were included in your rent and have been shut off, this could be considered a violation of your rental agreement and California's habitability standards. It's important to communicate this issue to Clear Recon Group, as they may not be aware of the situation.

The conditions you described, such as living without essential utilities, mold, and a rodent problem, may constitute a breach of the warranty of habitability. Landlords, including successors like Clear Recon Group in a foreclosure situation, have a responsibility to maintain habitable living conditions. However, the extent of their liability for issues created by the previous landlord's heirs can be complex and may require legal evaluation.

Consider seeking legal advice or assistance from a tenant's rights organization. They can provide guidance on how to address these issues with Clear Recon Group and what steps you can take to ensure your rights are protected. Keep records of all communications and expenses incurred due to these issues, as they may be relevant in any legal action or negotiation.

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