May
20
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In Foreclosure as a renter what are my rights?
We are renting a foreclosure home in California and I wanted to know my rights with the current owner. The home just went out of pre-foreclosure but the eviction notice hasnt made it here yet. The owner of the home tried to enter at night time with no advance notice and I didnt let him. He has personal items and tools in the garage and I think he wants to remove items from the home like the HVAC unit and water heater. Does he have the right to do this while I live here?
Well, your lease is valid and binding on YOU until the foreclosure process is completed, when your lease is voided.
READ your lease as to LL’s rights. Check out your state LL/Tenant law and foreclosure law/tenant protections. He certainly cannot remove HVAC and water heater while you’re living there and needing a/c or hot water. Legally he probably can’t remove those items anyway.
Certainly LL has right to remove his personal items and tools in shed, but not at night if those areas are part of your leasehold, he must give you reasonable notice. If the shed is excluded from what you rent or not included, then he can remove his stuff whenever.
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