Feb
20
California Foreclosure Law Tenant Rights
Filed Under Foreclosure
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If a car went into foreclosure and the new owner wants me to go, what are my legal rights?
So, my friend rented a room from a homeowner and paid two months in advance and a deposit (11/01/2009) and then moved into the owner and the man 12/09/1911 approached in some 11-19-09 and said I had to leave and that he bought the house (which was supposedly in foreclosure). I contacted and fair housing are saying that he needs to keep the lease, which is one year. Now, the new owner, who has shown me no paperwork is coming more and is now stalking her and the other partner. My friend is a single mother of a child of 5YR and the tenant is a disabled woman of advanced age. What is legal? This man is threatening to kick the door and change the locks. We are in California, so I know that the rent laws are designed to protect tenants but who do you call?
First, you must demonstrate that he is the legal owner. If he can not call the police and taken away. As you have a lease has the right to remain on the property until his contract expires. Before May 20, 2009, most of the tenants lost their contracts lease on the foreclosure. The norm in most states was that if the mortgage was recorded before the lease was signed, an execution mortgage broke the lease (this rule is known as a "first come, first in right"). Because most leases last no more than a year, was very common for the mortgage prior to the lease and destroy it to foreclosure. These rules changed dramatically May 20, 2009, when President Obama signed the Tenant "Protection in Foreclosure Act of 2009." This legislation provided that the leases to survive foreclosure – that is, the tenant can stay at least until the end of the lease, and tenants of the month to month would be entitled to notice of 90 days before having to leave (the period of notice is longer than any other state in the foreclosure notice concerned a real boon to tenants).
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