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Been renting this property in California for 4 years now and found out recently that the property was foreclosed, auctioned off and is now sold. I was contacted by the agency on behalf of the new owner a few days later with a "Eviction from dwelling notice" asking to contact them within three days. I made 3 attempts each day to contact and did not receive a call back. Two weeks went by when I received a call from another agent for this company explaining this must of fell threw the cracks. She gave me the option to leave within 2 weeks and I would receive a payment for doing so. I explained that amount of time would be hard with my current work schedule. The other option was to pay rent for 90 days and at that time I would need to vacate. I asked her if I could call her back and when I returned her call I asked for more time due to the holiday weekend to way my options. I made another attempt to contact her and did not receive a call back. Today when I came home I found a "Notice to Quit" on my doorstep with the name of my landlord on the top. It reads...
"NOTICE IS HEREBY GIVEN that (Company name) has purchased the property (Address), at a trustee foreclosure sale against you, and that title has been duly perfected.
NOTICE IS FURTHER GIVEN that, within three days after service on you of this notice, you must deliver up possession of the property to the owner, (Company name) c/o (Lawyer's firm). If you fail to deliver up possession within the three day period, legal proceedings will be commenced against you to recover possession and judgement for the TREBLE damages for your unlawful detention of the property."
Should I contact a lawyer?
Does this apply to me since I am a tenant and my name not on the morgage for this property?
...generous policies toward renters, it seems that you sorta missed the boat on signing a new lease. Maybe if you tried to 'weigh your options' when they were presented you would not have 'lost your way'.
I doubt an attorney is going to do much good. I'd spend my money on a Uhaul at this point...
This noticed is to the old land lords name its not mine. If could get a renter out this easy then why would they offer me money to leave in the first place
This noticed is to the old land lords name its not mine. If could get a renter out this easy then why would they offer me money to leave in the first place
Because by law,you as a renter must be given 90 days to leave a house that has been foreclosed on !
Been renting this property in California for 4 years now and found out recently that the property was foreclosed, auctioned off and is now sold. I was contacted by the agency on behalf of the new owner a few days later with a "Eviction from dwelling notice" asking to contact them within three days. I made 3 attempts each day to contact and did not receive a call back. Two weeks went by when I received a call from another agent for this company explaining this must of fell threw the cracks. She gave me the option to leave within 2 weeks and I would receive a payment for doing so. I explained that amount of time would be hard with my current work schedule. The other option was to pay rent for 90 days and at that time I would need to vacate. I asked her if I could call her back and when I returned her call I asked for more time due to the holiday weekend to way my options. I made another attempt to contact her and did not receive a call back. Today when I came home I found a "Notice to Quit" on my doorstep with the name of my landlord on the top. It reads...
"NOTICE IS HEREBY GIVEN that (Company name) has purchased the property (Address), at a trustee foreclosure sale against you, and that title has been duly perfected.
NOTICE IS FURTHER GIVEN that, within three days after service on you of this notice, you must deliver up possession of the property to the owner, (Company name) c/o (Lawyer's firm). If you fail to deliver up possession within the three day period, legal proceedings will be commenced against you to recover possession and judgement for the TREBLE damages for your unlawful detention of the property."
Should I contact a lawyer?
Does this apply to me since I am a tenant and my name not on the morgage for this property?
Any other suggestions?
Thank you in advance,
Daniel of California
In Florida the law is if you have a yr lease you can stay and finish the lease, if you are month to month you might have to leave when you get notice and serve out the month....
Check if the California law is similar even if it is just to prevent an eviction in your name.
From the way you describe your situation, I would guess that this is covered under the Protecting Tenants at Foreclosure Act of 2009.
That is a federal law that says that when a house goes back to the bank, the bank has to honor the lease, if there is one. If there is not, or if the lease is month to month, the bank has to give the tenants a 90 day notice. During that time, the tenant is responsible to pay rent.
If the property sells to an investor, the same rules apply. If the property sells to someone who wants to occupy the house, they do not have to honor any existing lease, but still have to give a minimum of 90 days notice.
Alternatively, the bank/owner can opt to offer you cash for keys, and you can opt whether to accept that. You do not have to, as long as you pay rent as directed, you can stay for the full 90 days, or you can choose to take the money they offer and move immediately. Your choice, as long as you do pay rent. Unfortunately, in these situations, your deposit is often gone away.
I don't see any way you don't get to stay for 90 days given the "Protecting Tenants at Foreclosure Act of 2009". And yes you have to pay rent for those 90
days.
Did you miss a rent payment? Because if you did I think all bets are off and they can move to evict you.
Just noticed something. ""NOTICE IS HEREBY GIVEN that (Company name) has purchased the property (Address), at a trustee foreclosure sale against you, and that title has been duly perfected"
This notice isn't for you. It's for the previous owner. I don't think this has anything to do with making you leave before the 90 days.
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