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I just found out today my landlord has not paid his mortgage for over 5 months, and owes over 89K on it. A notice of trustee's sale paper was taped on our door this afternoon, saying the home will be auctioned off Feb. 2.... So I was wondering what rights do I have as a renting occupant? What should we do?

2007-01-19 12:44:34 · 6 answers · asked by Foxtrot 2 in Politics & Government Law & Ethics

we live in San diego, California.

2007-01-19 12:51:30 · update #1

6 answers

The lease is only binding on those that are parties to the lease, that is unless the lease if recorded, so I would suggest that you go and record your lease. Recording the lease will make it binding on the purchaser in many states. If the lease is not recorded this basically you cannot hold the bank or buyer to it if they did not sign it or agree to be subject to it. Also if the bank buys it in many cases they will actually pay you to move, so it may be to your advantage to sit tight and let the chips fall where they may. Also do not give the landlord another dime and I would recommend suing him if he actually has anything to take.

2007-01-19 14:22:44 · answer #1 · answered by TJ 2 · 1 0

As a resident you have rights. You can not be kicked out of your place because your landlord can't pay his bills. Keep paying your rent and save your receipts. The house will be forclosed. The bank may want to evict you, but they will have to go through a whole process, and that will take months.

Check with the housing department in your city.

2007-01-19 12:51:42 · answer #2 · answered by R W 2 · 1 0

Assuming you have a written lease, the buyer has the same obligations under the lease as the current owner. If the buyer does not wish to continue renting, they must either wait until the lease expires, or find a legal reason to terminate the lease.

2007-01-19 13:15:19 · answer #3 · answered by STEVEN F 7 · 1 0

If I were you ...I'd go to many banks and try to get a loan for about 95thousand ...and, go bid on the property...what an opportunity this is...

if you dont believe you can do this, then, I wonder what your land lord has been doing with the rent you paid (you paid your rent didnt you)?....you have rights, I dont know what they are, but should think if you have a lease...this should be and would be honored...but, if you are a tenant at will (month to month)...you have no leg to stand on if a new owner wants you out...


good luck...& try to buy the place

2007-01-19 13:05:30 · answer #4 · answered by Winters child 6 · 0 2

Try the site below, make sure to change the location/state in which you reside. The last site is an affordable way to get access to an Attorney/Law Firm in your state. Watch the online movie presentation. Hope this helps.

2007-01-19 13:20:05 · answer #5 · answered by citronge69 4 · 0 1

You need to go to Tenants Rights.
Look it up online.
There's an office in S.F.
Type it into Google.
Ask on Craigslist chat

2007-01-19 12:49:20 · answer #6 · answered by revmoz 1 · 0 2

fedest.com, questions and answers