What to do if my landlord is going through foreclosure on my current rental property?
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What to do if my landlord is going through foreclosure on my current rental property?
I received a notice stateing the property was schedule for auction last month. My landlord called me 2 months ago and confirmed the notice and said not to worry about paying rent for that month; he would use my deposit. Now, apparently, the auction of the condo has been postponed and my landlord is demanding rent for the month before last, last month and this month. If I don’t pay by this Friday, he is changing the locks. Is this legal?
Asked on December 4, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
1) Until the foreclosure actually occurs, and your landlord no longer owns the place (and therefore is no longer your landlord) you do have to pay rent, except and only to the degree that that landlord agrees to allow you to not pay. So he can seek rent if the foreclosure is being delayed.
2) However, he may not simply change the locks or otherwise lock you out. If he wants to evict you for nonpayment, he has to file an eviction action in court; he may also sue you for unpaid rent.
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