My Landlord wants me to move out before my lease is up. She at first told me that she needed the property back just cause she wanted it back. Now she the landlord is saying she wants me to leave because the house is in foreclosure, is this leagal?
My lease is over on June 1st, 2013.
Family Law Attorney
The landlord can ask you to leave before your lease is up, but unless there is a legitimate reason then the landlord can not make you move. Even of the home is in foreclosure, you retain lawful possession.
If the home is foreclosed, stop paying rent to the old landlord. You will receive a 90-day notice (if the new owner plans to live in the home) or else the new owner will need to honor your lease.
Personal Injury Lawyer
Look at your lease and see what is says. If you are being asked to leave before your lease is up, the landlord is in breach of contract. You will likely need to to deal with the bank if you wish to stay at place. Consult with a lawyer in your area. This is a general statement.
It would not be illegal for the landlord to just ask you to leave before your lease is up. However, it would be illegal for the landlord to force you to move.
If the house is in foreclosure, you are still obligated to pay rent to the landlord. If and when the trustee's sale occurs, you must pay rent to the new owner. As a tenant of foreclosed property in California, the new owner must honor your lease, but if the new owner intends to occupy it as his or her primary residence, you are still entitled to a 90-day notice.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
You will need to review the terms of your lease agreement. However, if, for instance, your lease is a one year lease and does not expire until June 2013, then your landlord can not terminate the lease otherwise she/he would be in breach and this would be a defense to any eviction proceedings. Additionally, the Landlord is required to give written notice to terminate the lease. Until the home is sold at a trustee's sale, you are required to continue to pay rent. You should contact a landlord/tenant attorney in your area immediately if you receive a Notice to Quit/Vacate or a Summons in an Unlawful Detainer Proceeding.
By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.