california should i pay rent to landlord in short-sale property... he has not paid morgage in at least 5months and is short sell

Murrieta, CA Viewed 217 times. Posted 4 months ago in Foreclosure

our friend has the home were living in listed and is trying to do a short sale . he has not paid his morgage in at least 5 months. he wants us to continue to pay rent and says he is saving that money in a trust to buy back his house. i offered to pay half of the monthly rent due to the fact we would keep it clean and show ready keep grass green and lights on etc. he has threatened to evict. what are my rights, and if he chooses to evict timeline. how much longer before the house goes into foreclosure. how can i check that out. please advise

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Answers (1)

Moises Aguilar

This attorney is licensed in California. Posted 4 months ago.

As long as the owner is still entitled to possession, he can evict you for failure to pay rent (unless the bank invokes the assignment of rents clause found in most deeds - in that case, the bank would be entitled to rents and you'd be required to pay them. in any case, the point is that you're not entitled to live the for free).

The short answer to your question is that just because the owner is in foreclosure proceedings does not mean you get a free ride. Of course, there may be other facts and circumstances specific to your case that alter the analysis.

If he chooses to evict, your timeline is likely something like this:

1) Serve 3 day notice
2) Once 3 days expire, file for eviction (unlawful detainer)
3) you have 5 days to answer
4) if you don't answer, he takes your default, gets writ of possession, and has sheriff post notice on your door
5) couple days later, you're out.

This process can take as little as 2 weeks if everything is done perfectly.