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In Sonoma, CA - can a landlord serve a 3-day notice to pay or quit when a Trustee Sale is occurring in 12 days?

Sonoma, CA |

I am a month-to-month renter in a single family home - did not renew lease when it expired. Landlord hasn't paid mortgage on home for over a year. Short sale failed. Owner in Bankruptcy, but do not have details - this is just what she told me. Owner told me as of 11/30 she did not own the home anymore and that to pay rent through that date. Notice of trustee sale was posted on door in 12/15. Landlord's daughter called - said to pay rent for December. I ignored message she left on my phone. Then landlord's grandson called and said to pay rent for Dec. Never had any further communication with actual landlord. House listed for Trustee Sale in 12 days (1/31) and I just received a 3-day notice to pay or quit (it looks bogus - whited out areas and typed over areas on form). Do I need to pay?

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Attorney answers 1


There is a lot going on here but basically, you are their renter and whatever the status of a pending sale may be, you are obligated to pay them rent. However, if you had continued to pay rent, and you were displaced from the home because of a foreclosure because they stopped paying, then the LL would be liable to you for "skimming". You would have to sue them.

The three day notice doesn't have to be in any specific form. LL's typically create their own.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational 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 principals discussed here may differ substantially in individual situations or in different States.



The landlord is elderly and she is not the one demanding the rent - it's her lowlife daughter and grandson who are demanding I pay rent to them. What can be done to me in a situation like this if I refuse to pay. Again, the house is being sold at Trustee Sale in 12 days on 1/31. Thank you.

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