errr...any California lawyers out there?

[BikerBabe 0]

Specifically anyone that knows anything about property law and Tenants' rights?

Apparently our landlord has defaulted on his mortgage and I came home today to a notice of Trustee Sale posted on the front door of the house we're renting. This is COMPLETELY out of the blue!

Shouldn't our property manager have told us about this? We've paid our rent on time every damned month for the past two years, so what the fuck has this douchebag owner been doing with our money? I am so pissed off. I feel like we threw 1700 bucks a month down the fucking drain.

Just wondering if anyone knows ANYTHING about this at all, and if so, can you shoot me a PM please? Trying to gather opinions and advice here.

*sigh* anyone know any cheap rentals available in the poway/rancho bernardo/ramona area?

Never meddle in the affairs of dragons, for you are crunchy and taste good with ketchup!

[silent_pumpkin 0]

I believe they can do this to you, but should have given you 30 days notice. Do you have a renter's agreement? Is this a rent to own situation?

[Phillbo 11]

when you rent, you throw money down the drain every month.

the property manager probably did not have any more info than you got.

[BIGUN 1,317]

You need a property attorney first thing in the morning.

Nobody has time to listen; because they're desperately chasing the need of being heard.

[jclalor 12]

Stop paying your rent ASAP, kiss the deposit goodbye, and maybe you can can stay for a few months rent free.

This is more common than you think.

[skydiver30960 0]

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when you rent, you throw money down the drain every month.

the property manager probably did not have any more info than you got.

Yes, yes, yes, all of us renting know how stupid we all are to even ever CONSIDER renting. Of course we're all doing so by (stupid) choice; not that we can't afford our own place or we're trying very hard to save up so we can buy our own place or anything like that.

Back to the OP: what is the date on the sale? For as much as I love all the free advice we get here on DZ.com from doctors, lawyers, teachers, business people, zombie hunters, and dominatrices, the best thing to do would be to buy an hour of a lawyer's time and sit down with them and have a little face time talking about the particulars of your case. It'll be well worth it in the long run.

Elvisio "househunting as we speak" Rodriguez

[jclalor 12]

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You need a property attorney first thing in the morning.

Throwing good money after bad.

[NewGuy2005 53]

Agreed. You can lawyer up all you want, but the place is being sold. Don't waste your money.

[jclalor 12]

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when you rent, you throw money down the drain every month.

the property manager probably did not have any more info than you got.

Yes, yes, yes, all of us renting know how stupid we all are to even ever CONSIDER renting. Of course we're all doing so by (stupid) choice; not that we can't afford our own place or we're trying very hard to save up so we can buy our own place or anything like that.

Back to the OP: what is the date on the sale? For as much as I love all the free advice we get here on DZ.com from doctors, lawyers, teachers, business people, zombie hunters, and dominatrices, the best thing to do would be to buy an hour of a lawyer's time and sit down with them and have a little face time talking about the particulars of your case. It'll be well worth it in the long run.

Elvisio "househunting as we speak" Rodriguezy]

The scumbag landlord lost the house, the new owner will owe her nothing. You can try and go after the landlord, but i'm guessing he aint got shit.

I had this happen to a friend, she talked to an attorney and was told to stop paying rent and see what happens. The bank took the house and it took them 7 months to getting around to having her leave. 7 months rent free.

[BIGUN 1,317]

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You need a property attorney first thing in the morning.

Throwing good money after bad.

OK, So which is it? "I had this happen to a friend, she talked to an attorney..." [url]

Nobody has time to listen; because they're desperately chasing the need of being heard.

[nanook 1]

I have some rental property in the San Diego area, OB, Point Loma and near the college. I tell you it's highly improbable that the owners didn't know that an eviction was going to happen. The average time from non-payment to actual foreclosures here seem to happen between one to two years due to the backlog of forclosures. Your owner probably knew for at least a year or so, probably did a tactical default since it's a rental vs. a primary home. The property manager may not have even known. I doubt that you can get kicked out just because the owner defaulted. Even if the property changes owners, there is an eviction process and that takes anywhere from two to three months. sometimes even more. There are laws that protect renters. I will tell you this. . .San Diego County seems to favor renters over "wealthy, scabby, slumlord" landlords.

_____________________________

"The trouble with quotes on the internet is that you can never know if they are genuine" - Abraham Lincoln

[jclalor 12]

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You need a property attorney first thing in the morning.

Throwing good money after bad.

OK, So which is it? "I had this happen to a friend, she talked to an attorney..." [url]

She talked to an attorney that does a very popular radio show in the Bay Area. He told her that since the house was to be taken by the bank in a matter of days, stop paying rent to the bank and wait for a 30 day notice from the bank. It came 6 months later.

All an attorney going to tell you is that you been screwed. You can sue the landlord in small claims court if you have a lease or he tries and screws you out of a deposit.

[TheBachelor 5]

I listen to a call-in legal show, and he gets questions like this frequently.

The obvious thing is to stop paying rent, and stay where you are. The home may not sell at the trustee sale, and the bank may end up holding it. If that happens, go to the bank and tell them that you'd gladly stay in the home (for little or no rent) to watch over it while they try to sell it. Empty homes often times get trashed or squatted in.

If the home does sell, escrow will probably take 60-90 days, and again, stay put. Evictions can take 4-6 weeks or longer.

Good luck.

There are battered women? I've been eating 'em plain all of these years...

[BoogeyMan 0]

Lawyer up...... Besides, the new owners may have to honor your rental contract, anyway.

[jumpwally 0]

...and the new owner may want a good stable renter as well....you never know

smile, be nice, enjoy life
FB # - 1083

[BoogeyMan 0]

Very true... However, what a party wants, as opposed to what a party is compelled to do are two different issues.

[JohnMitchell 16]

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Stop paying your rent ASAP, kiss the deposit goodbye, and maybe you can can stay for a few months rent free.

This is more common than you think.

As a landlord, I hate this advice, but it's very true. Depending on the state laws, it can be very hard to evict someone.

[JohnMitchell 16]

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Yes, yes, yes, all of us renting know how stupid we all are to even ever CONSIDER renting.

Depending on the market, renting isn't always a bad thing. It's often cheaper per month, you don't have to worry about falling real estate prices, and you have the mobility that home owners don't. I recently read that Switzerland, with one of the highest standards of living, has one of the lowest home ownership rates in Europe.

[jclalor 12]

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Stop paying your rent ASAP, kiss the deposit goodbye, and maybe you can can stay for a few months rent free.

This is more common than you think.

As a landlord, I hate this advice, but it's very true. Depending on the state laws, it can be very hard to evict someone.

It should not bother you to hear advice to stop paying an unhonerable and dishonest landlord, I would never try and screw an honest landlord.

I never meant to imply that she should screw someone on the rent. If her origional landlord does not own the property, and it then can sometimes take the bank months to sort things out. I'm just suggesting she should hang out until it's all sorted out.

I am also not telling her to fight evictions and all of that. I'm just suggesting to hang out until someone says your out, and that sometimes can take months when banks have no idea what's going on..

[JohnMitchell 16]

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It should not bother you to hear advice to stop paying an unhonerable and dishonest landlord, I would never try and screw an honest landlord.

[skydiver30960 0]

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Yes, yes, yes, all of us renting know how stupid we all are to even ever CONSIDER renting.

Depending on the market, renting isn't always a bad thing. It's often cheaper per month, you don't have to worry about falling real estate prices, and you have the mobility that home owners don't. I recently read that Switzerland, with one of the highest standards of living, has one of the lowest home ownership rates in Europe.

You bet, I was definitely speaking sarcastically. We're waiting to hear back on an offer we have in on a short sale, and it's a SWEET pad, but I still lament the loss of freedom and added responsibility that will come with home ownership.

Elvisio "I really want a pool, though" Rodriguez

[jshiloh 0]

Talk to a reputable tenant/landlord attorney in your area. Second-hand advice based on what a lawyer told a friend, or even based on another individual's experience is very risky & often wrong. Why? Because despite popular belief, not all situations like your are identical, and even small differences can make a huge difference when it comes to legal matters.

One thing is for sure...if you stop paying rent it's an absolute given that you'll eventually get evicted. Sure, you may get away with a few months free rent, but then again you may not. And either way, it's going to make it harder for you to find a new rental, since landlords don't like renting to people who previously got evicted (and yes, there are ways for them to find out). You may also be screwing yourself with this particular place, since the bank and/or future owner may need to honor your lease or may be looking to rent the place. If you're already there & have been a good tenant, you're golden. But if you've stopped paying rent it's a given you'll be tossed out.

Another thing to consider is that banks aren't always bound by normal landlord-tenant rules...they can many times do a 3-day eviction (or even shorter) instead of requiring 30 days notice (60 in CA due to how long you've been living there). As long as you're paying rent, I'm pretty sure they're bound by the 30/60 day notice...stop paynig & they have the legal right to kick you to the curb. Is that a risk you're willing to take?

Talk with a lawyer who can sit down with you & look over ALL the facts of your individual situation & who's familiar with your local housing market (so he knows how thing "generally" flow in your area) & can advise you appropriately.

[JohnMitchell 16]

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You bet, I was definitely speaking sarcastically.

Ahh, gotcha.

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We're waiting to hear back on an offer we have in on a short sale, and it's a SWEET pad, but I still lament the loss of freedom and added responsibility that will come with home ownership.

I hope that works great for you. If you buy it right, it's a good deal. We're slowly shopping for more property ourselves, looking for the retirement downsizer. It'd be nice to buy it cheap and rent it until we're ready to renovate and move in.

I like to joke that I'm a diversified investor. I'm losing money in real estate, the stock market and cash.