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mom72 | I'm a renter and my home will be auctioned in 2weeks that's my only notice HELP!!? |
i have got a notice saying i have til 6/24 and my home will be autioned ..i need help and can't afford a lawyer
Additional Details
correction it was a Notice of Trustee's Sale..
I reside in Ca. |
 |
 
Dawni Do Right
|
Foreclosure voids any rental agreement or lease. The only exception is a Section 8 lease.
Now would be the time to chat up your landlord about your security deposit. In some states, if the landlord does not refund it to you, the foreclosing bank must. Others you must take the landlord to small claims court.
If you additionally had to pay your last month's rent upfront when you moved in, this needs to be addressed with your landlord.
Most banks will serve you with a 30 day notice to vacate. They may offer you "Cash For Keys" if you agree to vacate per the notice & leave the home in good clean condition.
Here is a link to tenant legal aid sources in California. You can call & ask your rights in this situation regarding the issues I addressed above. http://www.landlordtenantinfo.org/resources/r1.htm |
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acermill
 |
If the home is a rented home and will be foreclosed, your lease will not transfer to the new owner (lender) as one normally would. However, you will receive thirty days notice to vacate when new ownership is involved. The laws cover such.
If the lender wants you out quicker, they may actually offer you money and moving assistance to help along. |
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Answer Fairy
 |
You need to tell us what state you live in. |
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Landlord
 |
You don't need a lawyer, a lawyer can't do anything for you.
You need to find another place to rent, this one is no longer available. |
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sunshine
|
did they offer you cash for keys? |
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sothere!
|
Where you live depends on the answer.
What does your lease say about giving you notice? Two weeks sounds like an unreasonable amount of time to evict someone.
Are you actually being evicted? |
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Big Deal Maker
|
When have you received the eviction notice?
If you have received the notice today then you have just received notice that your tenancy is up. However the new buyer will be stuck with giving you proper 30 days notice to move.
If the bank thinks they can just boot ya out without notice they need to think again. You are an inherited problem when they had taken over the property. So they must give you the proper 30 day notice and they are also now required to return your security deposit.
Best of luck |
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Tim
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Start looking for a new home. |
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Hoshi
 |
I don't think that they can do that to you.
Check your contract you have with your landlord and see if anything specifically pertains to this kind of scenario. If it doesn't, look up the landlord-tenant act for your area/state/province and see what that says.
Good luck. |
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Mark C
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Call legal aid, you still have tenant rights until you are served with an eviction notice. |
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oldnodd
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Just because the owner will change does not mean you will be evicted - does this notice say this or just that the home is being auctioned? |
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rhsaunders
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You don't need to do a thing. Your tenancy is superior to any ownership rights that may be sold at auction, and will continue unless the purchaser wishes to terminate the lease -- in which case, he will have to provide appropriate notice. Even then, he can't terminate a fixed-term lease before it runs out, except for cause. |
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