Not sure if Redondo Beach, CA is under LA rent control laws but the property has been foreclosed since 2011. The year lease I signed with the landlord (prior to the property being bank owned) has been expired. Before the foreclosure my name was the only name on the lease with the landlord. I have had a month-to-month sub-tenant who has been at the property for over a year prior to the foreclosure. Since the property has been owned by the bank, I have not been paying rent to the trust, nor has my sub-tenant written me a rent check. From the time of the foreclosure to now, my sub-tenant has got a second dog & has not been disrespecting the place & not keeping it clean. I want this tenant out! What are the procedures in this matter & what kind of notice can I give my sub-tenant to evict?
It seems to me if the property is now owned by the bank, you as a master tenant no longer have the right to evict a sub-tenant. The bank has the right to evict both you and the sub-tenant.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Until the new owner serves you with a notice to terminate the tenancy, I would argue that the immediate successor in such property shall assume all rental agreements. You can serve the sub-tenant with a 30 day notice to terminate, and if they refuse to leave after the expiration, then proceed with an unlawful detainer action.
Los Angeles County does not have a rent control ordinance. A number of cities in LA county do have rent ordinances, but Redondo Beach does not. If a tenant or subtenant defaults in the payment of rent, their tenancy can be terminated by service of a three day notice to pay or quit; an unlawful detainer action can be initiated after expiration of the three days.
There are a number of state and even federal laws that have been passed since 2008 in repsonse to the housing market downturn that provide for extended periods (of 90 days) in which a tenant can remain on a foreclosed property without a written lease. However, those protections apply only to rent-paying tenants. A tenant or subtenant of a foreclosed property who fails to pay rent may still be evicted pursuant to a three day notice.
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