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Glendale, CA |

Hi I am currently renting a room from my landlord who just informed me that she lost the home in foreclosure, and she is being evicted and received a Five day notice to vacate from Sheriffs. I currently hold a year contract with this property and have been paying my rent to my landlord monthly., Do I have any rights to live out my lease,What should I do? Can I talk to the judge? Is there some type of motion I can file?

Thanks for any help!!!

Attorney Answers 3

  1. The Protecting Tenants at Foreclosure Act (“Act”) requires ninety (90) day pre-eviction notice to bona fide tenants. Further, the Act requires the successor owner of foreclosed property to honor any existing bona fide leases with renters, not closely related with the mortgagor, until the end of the lease terms. The Act is set to expire December 31, 2014 unless amended. Thus, if you are a bona fide tenant with a written lease before the foreclosure sale, you are probably entitled to ninety (90) notice prior any eviction and if your lease provides for a longer term, you can stay til the end of the lease provided are in compliance with the lease terms.

    At the link below are some help resources

  2. I seriously doubt that the facts of your case provide you any relief since you are a mere lodger and not a bona fide tenant. However, you should personally consult with a consumer landlord tenant in your area for advice and counsel specific to your situation. For an in depth discussion of the issues surrounding your status under both CA and federal law consult this PDF document:‎. You may wish to consult the attorney who wrote it or print it out for review by a local attorney whom you consult.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  3. Prepare to move and do so immediately. When you are not dealing with moving issues, contact a lawyer to assist you with your landlord-tenant issues.

    As my colleagues have indicated, a lodger is a different 'kind' of tenant than what you ordinarily expect. They have fewer rights and generally suffer the same problems that the landlord suffers (e.g. you were a sub-tenant and got evicted!)

    Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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