Landlord Forclosed. Giving 30 day notice. But California Law says 60 day notice?
My landlord had their home foreclosed. We saw a 60 day notice from the bank a month ago. But due to my father-in-laws english being weak he didn't fully catch the details. We asked about it and she denied any foreclosure trouble and still collected rent. Now a month later she shows up to my door trying to get my mother-in-law to sign a 30 Day notice to vacate (who BTW isn't even on the original rental agreement) Isn't she supposed to give us a 60 day notice? Apart from that. We've had this arrangement for utilities where we split the bills with her. But she is trying to take it out of our deposit before the bills even reached. By law isn't she supposed to give us the complete deposit, unless it was for repairs etc., rather than deduct stuff that isn't on the original agreement. Apart from all that. With the 30-Day notice, that we haven't signed yet BTW, she is cutting off all utilities within 2 weeks. before the supposed 30-day notice has expired.
Public Comments
- you are way ahead of the horse.... the fact that the landlord is having his property foreclosed on or not is not relative to your lease with him--even though you might feel it is completely changing your life-forcing you to find a new place to live. IF you have a written lease, it is good until YOU violate it. if you have a month to month tenancy, and you pay rent on time, it is good until you receive a 30 day written notice. Get back to me if you need more advice
- This is sort of confusing. CA law is a 30 day notice, which you do not have to sign. You do not even have to really accept it, it can be taped to the door. Call the utility company with your move out date, they will not turn power off before them. She has no say over your bills, you pay them, you are in control. The deposit is not returned until after move out, 21 days later. The law is for damages, not "repairs", she can deduct any money that you owe her, that money is legally "damages". The 60 day notice was a default notice, un;ess this was a really long time ago (4-5 months) the house should not have foreclosed yet. Did she use the standard CAR lease form? It will day so. She may not be able to evict you, unless you broke something on that. You owe her rent while she owns the home, so if you are being evicted for non-payment, you need to make good. I am not sure if that is why though, because the eviction time would only be 3 days, not 30.
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