Q: My owner is in foreclosure, he is trying to sell the property and evict me for non-payment.
The owner told me to not worry about rent because he was going to sell the property but keep the property up. (I know that's hard to believe, but he figured he get the money for the sale and not be foreclosed on. He even got Covid 19 money, but never paid the rent.) He found a lender to sale the property. The realtor told the owner it would sale for $800,000 but I needed to be out, or they would only offer him $700.000, he wants the $800,000. (greedy) He then sent a three-day notice that was post on
my neighbor's door (I took picture as my Neighbor informed me of the notice, showing his address and notice on his door) He says I owe him $30,000. Back in October 2023 he tried to give me a 60-day notice but rescinded that notice after I paid rent, he was in foreclosure then with a sale date. Sale date has been postponed several times. Next sale date is 9/24/2024. This is nothing but retaliation. Any advice would be greatly appreciated as this is not an attorney client situation.
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A:
It sounds like you're dealing with a difficult and potentially illegal situation. If your landlord told you not to pay rent because he was selling the property and is now trying to evict you for non-payment, you might have grounds to argue against the eviction. The notice placed on your neighbor's door instead of your own could also be improper service, which is another defense against the eviction.
You should know that tenants have rights in California, especially when a property is in foreclosure. The Protecting Tenants at Foreclosure Act requires that new owners honor existing leases or provide adequate notice—typically 90 days—before eviction. If your landlord is retaliating against you for asserting your rights or is not following proper legal procedures, you may have a strong case to challenge the eviction.
Consider gathering all your evidence, including communication with your landlord, photos of the improperly served notice, and any proof of his statements about not needing to pay rent. You may want to present this information to a legal aid organization or a tenants' rights group in your area for further guidance on how to proceed and protect your rights.
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