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My landlord in foreclosure, but short sale is pending, how many days do I have to move?

I know lots of people are entering this situation, and I have read a lot on the subject - but lots of different answers can be confusing. My landlord went through Notice of Default and Auction Sale date has been postponed once now as there is a short sale offer that is pending by a Real Estate agent representing my landlord. I know there are different rules and laws for Federal, California state, San Diego County, and my small city outside of San Diego - where I live in Spring Valley, CA in east San Diego County. 1-Question - If the short sale is made before the next auction date, how many days do I have to move out of the house? 2-Question - If the short sale does not go through, and the house is sold in auction next week, how many days do I have to move out of the house? 3-Question - If both short sale does not go through, and bank does not accept bids at the auction (bank keeps the house to try and sell it for more than was bid), how many days do I have to move out of the house? I know there are many smart people on this subject out there, especially in California, and I really appreciate your help and good answers. Thanks, Tenant of Foreclosed Landlord in San Diego Forgot to state another pertinent fact - I do not have a lease, it expired years ago and we are on month-to-month. Seems like the pattern was dependent on having a current lease. Does not having a lease change the answers?

Public Comments

  1. by law they will still have to give you 30 days no matter what happens.
  2. -Question - If the short sale is made before the next auction date, how many days do I have to move out of the house? A: Until the end of your lease, the new owner HAS to honor your lease or buy you out of it. 2-Question - If the short sale does not go through, and the house is sold in auction next week, how many days do I have to move out of the house? A: Until the end of your lease, the bank HAS to honor your lease or buy you out of it. If they chose to evict in foreclosure situations you have 90 days now. 3-Question - If both short sale does not go through, and bank does not accept bids at the auction (bank keeps the house to try and sell it for more than was bid), how many days do I have to move out of the house? A: Until the end of your lease. (Noticing a pattern) As long as you have a lease, you have until the end of it or 90 days if there is a foreclosure eviction. You can chose to take money to move, which helps with the costs of moving and deposits. You CAN request the term of your lease to be bought out if they want you gone, which would be the same amount of rent for the amount of time left on the lease. I am in the EXACT same situation. The house has an offer on it through the short sale, the bank hasn't taken it yet, and the auction is on FEB 10th. Either way we chose when we leave. We are leaving this weekend but could have pushed it to the end of our lease.
  3. If you have a lease you do not have to move at all. Weather it is sold or gets foreclosed, both the new owner and the bank are legally required to honor your lease. IF YOU HAVE NO LEASE THEN: 1. old owner can give you 30 days notice at any time. New owner can give you 30 days notice as soon as they legally take possession. 2. Same as #1 3. If the bank takes possession they must give you 90 days notice.
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