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!!!
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
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: eschenlaw.net/content/Foreclosure%20Article.pdf. You may wish to consult the attorney who wrote it or print it out for review by a local attorney whom you consult.
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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 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com 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.