What are my daughter’s rights is she received a notice to pay or quitafter her rental was sold at auction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my daughter’s rights is she received a notice to pay or quitafter her rental was sold at auction?
The house she rents was sold at auction. She received a notice to pay or quit. She thought she had a lease but it was signed after the previous owner had received his foreclosure notice. She told the new owner she would leave at the end of the month but requested cash for keys andwas refused. What are her options? Can they throw her out immediately?
Asked on June 15, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the new owners have to go through a formal eviction proceeding to get an order from the court to get her out. Once the notice has expired - it si a 3 day notice? - and she has not paid or left then the new owners will start a summary proceeding against her in court to get her out. A summary proceeding is an expedited case which is really what a landlord tenant case is about. The law recognizes that a long and drawn out case can go to the detriment of the parties, particularly the landlord, and so they allow for a faster process through the court system. I think that she should start to pack her things and look for somewhere else to go. She could also be hit with back rent and other fees. It would be best to work things out amicably. Good luck.
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.