i rent a house that is being foreclosed on, rights?

dtorrey317 · #1 May 7, 2008, 10:26 AM

from the website this looks to be a common situation lately. I rent a house in California that is in foreclosure and is going up for "TTEE SALE" on 5/13/08. I don't have a written lease because one was never provided to me. We entered into an oral agreement with a written lease to follow but never was provided one. The landlord is demanding for me to pay the rent or he is going to give us a 30-day notice to get out. I don't know if he has any legal rights if the house isn't his anymore. The house is set to sell for a high amount so I doubt anybody will buy it on the 13th. Will the bank own the house if it doesn't sell on the 13th, if so then I shouldn't pay the rent???? I don't want to be immoral but I believe the owner is just trying to convince me that he is going to save the house and continue to give him money.

MommyLeah · May 7, 2008, 10:45 AM

Yes you still have to pay him. The house is still his till the foreclosure is final. This is true in every state! Because the sale or decree hasn't happened, the property is still the owners and you do have to pay rent. After the foreclosure, the rent goes to the foreclosing lender or new owner. Since you have no lease you are at a lose. If you had a lease you may have been able to make him pay for any increase in rent during the lease period. You may also legally with hold rent if he neglects to keep the property in good working order, but I don't know if that will apply for you or not without the lease. Also, you will want to be careful with not paying the rent, because it will show up in future credit reports.



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