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I am the sole tenant listed on my lease through March of 2015,I am currently going through a contentious divorce. I gave 30 day notice to the apartment manager of a large complex, citing civil code 1946.7 with a copy of the non-harrass restraining...
Civil Code 1946.7(d) says that IF you have given the required 30-day notice in the form required by that statute accompanied by a copy of the Court's restraining order (and it needs to be that notice, not just any type of written 30-day notice), then you as the tenant are free from any further obligations under the lease other than the payment of rent for the 30-day notice period: "thereafter shall be released from any rent payment obligation under the rental agreement without penalty". There is no exception for landlord "early termination fees" or anything else under the statute. Section 1946.7 and other statutes were specifically adopted to protect DV survivors who needed to quickly move for their safety that might otherwise be unable to flee because of large financial obligations of their rental agreements.
Having a large legal team does not change the law. Many landlords thrive because they intimidate tenants. Don't let yours intimidate you.See question
Home is in California. We tried short sale route for a year and half but lender rejected every buyers counter offers. They now decided to just foreclose instead. We have a 2nd loan too that wasn't recorded with 1st lien, can Jr lienholder sue u...
You have a lot going on in this situation. You really should consult a lawyer because there are a number of possible scenarios as it relates to the conduct of the first mortgage holder and the rights of the 2nd lienholder and a lawyer would need to ask you a lot of detailed questions to give you the best answer. As it relates to your move-out date: the sale of your home at foreclosure does not automatically start any deadline in terms of your move-out date. The new owner post-foreclosure must serve you with a 3-day notice to quit. Until they do, you are under no deadline. Once that notice is served, if you still do not move then the new owner must formally evict you by filing an unlawful detainer lawsuit against you in court in order to evict you. It is only after you lose that lawsuit (which cannot happen for a minimum of 5 days even if you do nothing) that the sheriff can then (after another warning period) remove you and your belongings from your former home.
In other words, there are a lot of possible answers to your questions. Without a thorough discussion, it is hard to say what all your options are.See question