What do we do if our rental is being forclosed and the landlord will not retunr our calls?

Question

I just found out our rental is being forclosed. We have been trying to contact our landlord to ask him what the deal is. We found out because a real estate agent approached us and asked if we were the owner. And thats when he gave us the full details. Should I continue paying rent? What are the CA laws on it. Can he evict us if we don't pay rent?

Answer 1

No do not continuing paying rent. Find another place and move out or you will find yourself being evicted and trying to move out at the last minute. When the bank comes in and forecloses, you will be served eviction papers from the attorney who represents the bank or mortgage company.

Answer 2

While I believe that the answer that your lease survives foreclosure is correct, there are a few additional things I would do immediately.

First, find a copy of your lease, and any other documentation you have regarding it. Inspection forms, canceled checks, receipts for rent, letters to or from the landlord, everything.

At this point, it might also be a good time to talk to a lawyer, legal aid, or the local housing authority.

As some landlords might be tempted to "fudge" a bit on the books at this point, do not, under any circumstances pay cash to the landlord for anything. Be sure to note on your checks to the landlord what the check is for.

Then get copies of the canceled checks from your bank as proof that you paid your rent.

Any utilities that are in your name will not be a problem, but anything paid by the landlord may be a problem. There are rules about shutting off utilities in those circumstances, but it can be a major hassle coming home to find your water turned off, even if you do eventually get it turned back on.

Depending on your lease, you may still want to start looking for another place. If you're on month-to-month, you could find yourself in the position of having to move on short notice, and it's generally better to move on your schedule than on the landlord's.

Good luck.

Answer 3

I'd be looking for a new place to live.

While you do owe the rent and could be evicted, the reality is most landlords have multiple properties and chances are very high this isn't the only property being foreclosed on so he probably has his hands full.

Smartest thing would be to consult your local tenants rights association and find the straight skinny

Answer 4

The first 5 answerer's are all wrong if you have a lease. A lease survives a foreclosure or a sale of any kind. Continue paying rent as you have before but once the foreclosure is complete find out who the new owner is and pay rent to them. If you don't pay rent you are in breach of your lease and the present or future owner can evict you. If you continue to fulfill your end of the contract you are safe.

Answer 5

Sparkles is right, stop paying the rent but put it in escrow.

I would find a storage unit and begin putting non-essential goods in it, for a possible quick eviction or move out. Talk to the real estate company and see what you can find out.

Play it safe and contact a legal aid resource in your area, get better information than is available here.

Answer 6

He can evict you and he may save the house from forecloser. It takes months to lose a home so he still has some time to save it. You withholding rent will mean no reference if you have to move not chance at getting security deposit back and an eviction on your credit history. Besides he really needs the money to try to save his house so withholding his money is just mean.

Answer 7

stop paying rent because he is obviously not using it for what it should be. and he can't evict you because if the house is being foreclosed it means he doesn't own it any more

Answer 8

find another place to rent .. yes if you stop making payments you will be evicted