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Tenant's rights under CA landlord tenant laws, landlord leased property knowing that it will soon go into foreclosure

Asked over 3 years ago - Long Beach, CA

This question is for my new neighbors who have been there twenty one days. After moving in the owner of the property has relisted her property , actually , the property is in a short sale and will soon go into foreclosure. Can she do this ? Rent to a family knowing it is soon to be foreclosed upon ? How can this darling family win this one ?

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Attorney answers (1)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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In general a change of ownership will not invalidate a lease; the new owner takes subject to existing tenancies. Many owners don't know this and expect tenants to get out upon purchase but they are mistaken. Unless these people violate a lease term, or if there is not a written lease, fail to pay rent, they cannot be evicted upon a change of ownership.

Note also that many CA communities have rent control ordinances. These laws usually strengthen the tenant's rights, especially in this situation. I don't know if Long Beach has such an ordinance or not but it's worth checking out.

www.kamanlaw.com

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