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Originally Posted by pepe mint  but is she actually being evicted? she is not defaulting on HER lease agreement, just the owner defaulting on her mortgage. so the only laws that would apply to this are the "notice to vacate" laws, and i know here, we only have to give 10 day notice, 14 in some counties.
and does that not have to come from the landlord?? |
Here is an article by a well known California eviction lawyer regarding renters rights when the landlord is foreclosed on.. Basically it appears you will have 111 days from the time that the mortgage company notifies YOU that a foreclosure is in progress. Now if she is not renting the condo LEGALLY they may be different. I certainly would check with an attorney right away
Are you renting and worried about what might happen if the landlord gets foreclosed on? You should be concerned, because once the bank forecloses, they can kick you out.
It's surprising to hear that in this tenant-friendly state, but that's what Jim Burmeister, eviction attorney here in Carlsbad, has confirmed.
How will you know that your landlord is in trouble?
Once the landlord has missed a few payments,
the bank will post a notice of default on your front door. That's when the process begins, and you have at least 111 days before the bank can take the house. So you have some breathing room, but a couple of things will occur to you:
1. The landlord is taking my rent but not making his payment - RAT!
2. Could I end up with an eviction on MY credit report?
If the bank can kick you out, they'd do that formally with an eviction notice. If you realize that a foreclosure is underway, you might as well surrender to the fact that you're going to be moving. I wouldn't risk an eviction notice, I'd be making plans to get out around the 111th day.
Other ways to see it coming:
1. Ask about repairs - if the landlord bites your head off, it probably means tensions are running hot - for a reason.
2. The landlord is bugging you to pay the rent quicker.
3. Landscaping isn't being kept up.
4. If you know where he lives - check his landscaping too.
5. If appraisers have been coming by, he's trying to refinance.
6. Check the county records for loan amounts.
Generally-speaking, if there's a lot of fast-talking, or no talking going on, then that's a sign of stress. If you flat out ask him about foreclosure, the next 10 seconds will probably give you all the answers you need.