tenants rights and previous owners rights (if any)
Submitted by aslaight on Thu, 08/21/2008 - 10:24am.
Two questions: First, what rights, if any, does the previous owner have when the house has been bought at a trustee sale and the previous owner is still living in the house that he does not own? Second, How do I protect myself, even with SB 1137,
in ensuring that I get the full sixty days to vacate. And, am I inferring that the quicker you move, the more attractive the "cash for keys" offer will be. Plus, what if I stay the entire sixty days. Am I exempt form any offer at all? I am the tenant and the previous owner still lives on the property. Very contentious... Thank you in advance.
Comments:
Yes, typically the faster you move the more cash for keys you are likely to get. It is a negotiation. And they do NOT have to pay you anything - it is just common practice as it is in everyone's best interest (they get the house faster, you get money).
Just to be clear under the law you actually owe them fair market rent from the day the house sold at trustee sale. If you do not settle and they see an eviction through, they WILL win a judgement against you for the rent due since the sale. This will hurt your credit, and you will likely be unable to buy a house again until you pay the judgement or have it removed through bankruptcy. There is no time limit on the judgement that I'm aware of, other than that I have to refile every 7 years.
Thanks for responding to my question. Unfortunately, the answer sounded like it came form a prepared answer program. I am not the owner of the house, I am the renter. Thusly, how do I protect myself from the new owner; even with the new law (SB 1137 signed July 8th of this year) We already are in negotiations and I am paying him my rent and I will leave before the sixty days; probably. What if the new owner is disingenuous and serves me an unlawful detainer before the sixty days, or a thirty day because he has a buyer. Basically, what happens if he ignores the new law? How do I protect my self legally. I do not and will not own a house and I am unconcerned with my credit. Do not infer anything by that last statement. I am a pithy person and it is just the plain simple truth. To end: the old owner is still living on the property, ignoring the fact that she is not the owner and is not paying any rent to the new owner. does she have, if any, rights, to "squat" and hide in her residence? She is making final negotiations improbable because the new owner wants us both to agree to terms; which I already have. I hope you understand these specifics questions and scenarios. Thank you
Aaron - the law automatically protects you, if the new owner files an unlawful detainer you can simply answer it stating that he failed to give the required notice. The judge will require they re-notice you causing them delays.
As for the difference between you and the prior owner they are entitled to 3 days notice, and you 60 days notice - otherwise the law is the same for the prior owner, you, or a squatter who crawled in off the street. In all cases the landlord must file an unlawful detainer action, they are entitled to rent for the entire time, and if you fail to move the Sherrif will force you out. Anything other than, like cash-for-keys, is a gift.
The law protects everyone, even those who are rude to those who take the time to answer their question, and those who don't care about their obligations to others (as reflected on a credit report).
Hopefully that was less "canned".
Finally I suggest you hire an attorney - which everyone should remember I am not.
I apologize for the perceived rudeness. At the risk of doing it again, you inferred when I asked you not to. Your answer has been helpful and informative... More so that the first one... To be perfectly clear, and then I will be veeeeery silent, Two houses on the property, no roommate. I am disabled with a very, very bad heart with not long to live, so I am uninterested in my credit report; only in life and what to enjoy next. The new owner and myself get along very well because I am a very positive person. He is just very frustrated with the previous owner and her denial and pragmatically, I think through all causes and effects for the situation. I apologize beforehand if you think you were trapped into saying anything insensitive. There is a metaphor here somewhere and I believe the parallel is in the book, "The Great Santini" Have a Blessed day!
Given that there are two residences then what happens between the prior owner and the new owner has zero affect on you. Ask the new landlord for a new rental or lease agreement. If they tell you they can't because of the previous owner then they are either being disengenuious or they are misinformed. Also note that your deposit with the previous owner is not the new landlords responsibility - you will have to take that up with the prior owner and if necessary pursue a case against them in small claims court to recover it. In the mean time it would be reasonable for the new landlord to expect a new security deposit.
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