Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California > San Diego
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 04-30-2011, 05:42 AM
 
1 posts, read 2,577 times
Reputation: 10

Advertisements

I am a tenant in a condo project in san diego. there was a notice taped to my door today (Notice Of Trustee's Sale) My landlord is being foreclosed upon. He has 2 months security deposit and I have a month to month rental agreement. Should I worry about getting my deposit back? Any other advice?
Reply With Quote Quick reply to this message

 
Old 04-30-2011, 07:17 AM
 
1,180 posts, read 3,127,339 times
Reputation: 1791
Quote:
Originally Posted by berniesloan View Post
I am a tenant in a condo project in san diego. there was a notice taped to my door today (Notice Of Trustee's Sale) My landlord is being foreclosed upon. He has 2 months security deposit and I have a month to month rental agreement. Should I worry about getting my deposit back? Any other advice?
I would contact an attorney asap.

Here are links that might help you find one specializing in Landlord-tenant problems:
Lanlord Tenant Attorneys - - Landlord-Tenant Essentials

Landlord Tenant Lawyers | Attorneys for Real Estate Rental Disputes | LandlordTenantLawFirms.com

Legal Help Renters Rights Landlord Rights Affordable Legal Help

Hope one of those will help. It really sucks to be in that position. The landlord probably has been taking your rent and not paying the mortgage also.
Reply With Quote Quick reply to this message
 
Old 04-30-2011, 09:57 AM
 
Location: Near Graham WA
1,278 posts, read 2,923,033 times
Reputation: 1734
This very issue is dealty with in another thread on this forum: tenant rights in a forecloser sale
Check it, as there are many responses posted!
Reply With Quote Quick reply to this message
 
Old 04-30-2011, 11:59 AM
 
2,076 posts, read 4,073,711 times
Reputation: 2589
I'm not 100% sure, but I believe in CA (I mainly work in NV) the old owner (the one in foreclosure) is responsible for returning your security deposit, so yes you should worry about getting it back.

You can request cash for keys from the new landlord who purchases at foreclosure auction (whether that is the bank or a private investor), which is not unrealistic to get 2 months of rent (although more than 2 months would be rare) especially if you make it clear you did not get a return of your 2 month security deposit (be prepared to show cancelled checks, etc. to prove you paid two months deposit). It is my understanding the new landlord is not legally obligated to give you the security deposit, but if you get 2 months rent as cash for keys, it's basically the same thing.

You could still pursue the old landlord in small claims court, which you would probably win, but good luck trying to collect.
Reply With Quote Quick reply to this message
 
Old 05-03-2011, 09:41 PM
 
Location: Bay Area
281 posts, read 811,703 times
Reputation: 238
Yes do Cash for Keys. ESPECIALLY if it's a bank. My ex just did this (his place got foreclosed on in January). He got a little more than 2x the rent! WooHoo! He had to work with the bank though - he didn't threaten directly but he was very upfront and slightly confrontational so they knew he meant business

However he had left 2 months rent as deposit with the guy who he rented from that got foreclosed on so it was a wash with his deposit for the most part (couple hundred more)...but he was very happy!
Reply With Quote Quick reply to this message
 
Old 05-03-2011, 09:52 PM
 
Location: Encinitas
2,160 posts, read 5,853,343 times
Reputation: 1278
Renters Lose in Foreclosures
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California > San Diego
View detailed profiles of:

All times are GMT -6. The time now is 08:47 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top