Am I bound to a lease in the state of CA if the house I’m renting is in foreclosure?
Am I obligated to pay rent on a house I am leasing in CA if the house is currently in foreclosure and going on the auction block next month? I’m told conflicting information. I’ve heard I’m bound to the lease I signed and other people tell me that in the state of CA the lease is void if the house is in foreclosure. Any help would be appreciated. Thank you.
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Tags: Bound, House Renting, Leasing
lease property | , 7 Jan 10
By witchypooh2_99, January 8, 2010 @ 8:02 pm
No, you are not obligated to pay!! Don’t pay your lease and don’t move out until the foreclose sign is on your door!!!
By David Z, January 11, 2010 @ 3:49 pm
In most states if the mortgage was recorded before the lease began the law states that a foreclosure cancels the lease. So effective on the auction date the lease is cancelled.
You should pay rent up until the day of auction. One thing to consider is use your deposit to offset any rent due. You are entitled to your deposit returned upon foreclosure.
By Landlord, January 13, 2010 @ 2:27 am
The lease is not void, it is as valid as the day you signed it. You are still legally bound to pay the rent until AFTER the auction.
You stop paying on the day of the auction and you have 30 days to vacate to avoid legal problems.
If you owe any money for unpaid rent the landlord can still come after you, you will still owe and it will look like an eviction (even though it is not, you illegally kept his money) on your credit report.
CA allows landlords to collect for 1 year with a collection agency, then apply to garnish your wages.
By mullson, January 14, 2010 @ 4:19 am
Well I would check with your local township or borough and see what your magistrate/judge says.
Because if you dont pay and you were supposed to the former landlord can take you to court.
If you get something from the court stating you dont need to pay- you can show it to the landlord and they can’t do anything about it.