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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Tenants in House with Deed in Lieu of Foreclosure Rights

    My question involves landlord-tenant law in the State of: California

    I along with 2 other people each rent a room in a 5 Bedroom house with the landlord. The landlord had a lawsuit against the lender that went on for 2-3 years that was recently dismissed with prejudice(they cannot file again). The landlord has filed for bankruptcy and their plan is to deed the house back over to the bank in a few weeks. I have been told by the landlord who was told by their attorney that we have 60 days from the date they leave to get out of the house(we have not been given this in writing and it was told to us under the guise of "this is what we have been told but you need to get your own advice"

    So in reading around everything to do with renters rights has to do with a foreclosure and as I understand it gives us 90 days(federal) or 60 days(state). My question is, is this considered a foreclosure? if not what rights do I have?

    I have tried contacting my local legal aid office and apparently I make too much money to be given free legal advice...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenants in House with Deed in Lieu of Foreclosure Rights

    Is a deed in lieu of foreclosure the same thing as a foreclosure? No. "In lieu" means "instead".

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Tenants in House with Deed in Lieu of Foreclosure Rights

    As Bullwinkle points out, a deed in lieu is effectively just a sale. The foreclosure rules do not have any meaning for you in this situation.
    The potentially good news is that if you have a lease, your lease remains completely in effect.
    If you don't have a lease, and you've been paying monthly rent, then you have a month to month tenancy. They need to give you one period (month) written notice on the termination of that tenancy.

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