Do I still have to pay rent when property is in foreclosure?

Asked over 1 year ago - Rialto, CA

Century 21 realtor stopped by to leave papers wanting to help him save the house. The paper outlined what is owed and a amount they are asking for if it sells. The possible sale will be as early as March.

Attorney answers (3)

  1. Tiffany Nicole Romine

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . As counsel pointed out, until the home is sold at a trustees sale your landlord still owns the property and you are required to pay rent. The fact that the foreclosure proceedings have been initiated does not mean the landlord will not be able to work out a resolution with the bank.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, you are legally obligated to pay rent to the current landlord unless and until the trustee's sale occurs. If you do not, the current landlord can serve you with a 3 day notice to pay rent or quit, and then sue you in an unlawful detainer lawsuit.

    If the foreclosure sale actually takes place, you are entitled to a 90 day notice, but you must continue to pay rent to the new owner (which is often the bank).

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Haig B Kazandjian

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . I agree with Mr. Chen, unless and until a foreclosure sale does take place, you are obligated to keep paying rent. Failure to do so may result in your landlord filing an unlawful detainer case against you.

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