Landlord in Foreclosure - who do we pay rent to?

[free4now]

You might want to check out the Nolo press books. There's two landlording books specific to California, and one is all about evictions. It should have all the details of how the process works.

I just heard (but not yet verified) that the San Francisco public library makes electronic versions of the Nolo books available for free to people with a library card. And anyone in the Bay Area can get an SF library card I think.

[Urchina]

Second the Nolo suggestion. They actually have a book about Tenant's rights in California, and I think they'll probably discuss this type of issue for you.

It'll be at your library, or Nolo: Law Books, Legal Forms and Legal Software.

Good luck!

[Gumby]

It has been my experience in legal disputes that it is always better to be the one holding the money than the one trying to get the money.

[eridanus]

Tenants Caught in Foreclosure: Who Gets the Rent?
Renters in Foreclosure: What Are Their Rights?

Pay the old landlord until told otherwise.

[clifp]

Quote:

Originally Posted by Gumby It has been my experience in legal disputes that it is always better to be the one holding the money than the one trying to get the money.

Unlike several of you I am not a lawyer or a landlord, but I can't imagine why you would continue to pay rents in this situation.

The likely case is you would lose your deposit and still get evicted after the bank foreclose. I'd tell the landlord (assuming this a single family home/condo) that you'll use your deposit as the current month rent, and you'll be happy to make any back payments plus penalties if he brings the house out of forclosure. But you clearly don't want to be in a situation where you pay a months rent only to find out from the bank that as last week he was no longer the owner and you own the rent to the bank, then find out you lose the deposit.

If he starts eviction proceeding than you can reassess the situation, but I think you might as well start looking for a new place to live.