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apts forclosure have to move

post #1 of 16
Thread Starter 
I rent an apartment in a city next to San Francisco, and our apartment building has been forclosed. The apts are a 4 plex. Yesterday someone came and dropped off a paper by some law office in san diego. The letter says that the apts were sold in accordance with section 2924 of the California civil code. It also says within 3 days after service of this notice, you are hereby required to vacant and deliver possesson of the property now held and occupied by you to the undersigned, unles you are a tenant who has rented the property before the forcloure. SO, it says since we are tenants we have 60 days, but that we must give notice to the undersigned within 3 days. Then it syas this notice is intented as a notice to quit pursuant to the provisions of sections 1161a ad 1161b of the california code of civil procedure... My bf called the number and it was a recording saying that you must fax a utility cable bill or rental agreement within 3 days and also said before receiving notice the real estate agent can offer money to leave when they called him back they told him that he has to fax today or we have to leave now, and he said they cant make u leave now cuz didnt get legal eviction before but the person told him they dont have time to make notices. so If we dont fax today we have to leave. I was wondering if anyone can help with this or knows anything about the real estate giving money.... The owner is currently chase bank which was previously washington mutual but they took over washington mutal. Also there was a paper posted a month ago saying apt was forclosesd and that the bank was sellin it and a new owner would sign a lease or give 60 day notice... Thank you sorry is so long.
post #2 of 16
There are alot of laws about this and as a renter you have many rights. In Wisconsin the new owner is bound to accept the lease you signed by the old owner. My Mother is a land lady and here the 5 day notice is laughable. One guy did not pay his rent and it took us 5 months and several trips to court to get him out.

Try a renters rights google search for your state. I do not know every thing but I can say that I doubt that they can order you out so fast. Even if it is bank owned, then the bank has responsibilites to the renters.

Good luck.
post #3 of 16
Here is a site for tenants rights in San Francisco. Believe me, there are tons of laws protecting tenants. Just fax what they need, keep paying your rent to wherever they say. It's extremely possible that the new owners will want you to continue as a tenant.
post #4 of 16
Originally Posted by LilAngelKitty View Post
undersigned, unles you are a tenant who has rented the property before the forcloure
Here it is. On second reading. Your lease should be binding.
post #5 of 16
before you said you had 3 days, now it's today. I'm not understanding why you didn't just fax the stuff to them. then you could figure out your next step. But if you don't do it there's nothing good going to come of it.
post #6 of 16
Thread Starter 
reply to top cat... we got the letter last night.... so yes its 3 days which should be weds but on phone the guy told him he have to fax today which honestly not 3 days.... I think they just trying to get everyone out. My bf called the real estate agent and he said they can pay to leave early... its all confusing and no one is paying rent because no one comes to collect any.... since a few months
post #7 of 16
Thread Starter 
Thanks all for the information
post #8 of 16
so you haven't paid rent in months?
post #9 of 16
She has not paid since Oct.
I hope they do not go after her for back rent.
Its hard for her to find a place that takes a cat and a dog.
post #10 of 16
i didn't see that no rent was paid for 2 or 3 months. man i know that's got to be stressful.

After going through this crud in phoenix i can tell you there are lots of free legal advice community places sponsored by the govt. I had to really search to find them, but they're out there. Just start looking through the blue pages.

I still don't think you're going to get forceably evicted. They're just hoping the easily manipulated people will leave. There is a proceeding that has to take place. they CANNOt just come make you leave. You're likely going to get sued and lose because you haven't paid rent, UNLESS you can pay the entire amount that's owed. But even if that happens, in arizona they have to give you 6 calendar days from the time of the judgement to leave, and there's a week before you go to the hearing to begin with.

I would find those legal places quick. Becaues you need to know what can help you

Were you sued for rent? They don't have to serve you papers on that either. they can tape the court hearing paper to your door. Call the local courhouse if you don't know and ask if you've got judgement you don't know about.
post #11 of 16
They have not paid rent because there is no one to pay it to anymore.
post #12 of 16
Thread Starter 
yea there was a guy who used to come collect the rent but he stopped comin and the note in oct said u dont have pay rent and to leave but its was handwritten and not signed and no name or anything and its a 4plex and 3 of the units are occupied because no one has left. this letter we got is the first time anyone ever saw a person or sign of life lol. cuz no one comes and no one calls or says anything.... we will leave in 60 days though.... Just have to find a place but will be hard because i have good credit but im not currently working and my bf is working for his dad but he has horrible credit and right now we live with other people because when we first moved in here we rented a room cuz that was all we could afford.
post #13 of 16
wow sorry to hear that.

Hopefully you'll figure out a way. I do know that some places simply pull your credit to verify you haven't been sued by a landlord and things like that. If that's the case maybe you could fudge some job info. I HATe recommending doing things against the rules, but I hate worse the thought of someone coming and putting you out on your rump with nowhere to go
post #14 of 16
She also has a cat,dog and chin which makes it hard to find a place.
post #15 of 16
This all sounds very sketchy indeed. Hopefully there is some help for you, and best of luck; in general you cant just throw people out without jumping through a lot of hoops over a lengthly period of time.
That said, as far as I know it is illegal to stop paying rent just because someone stops collecting it from you in person. You are still obligated to find out where to forward the money to, by contacting the person you signed your lease with, or the bank directly, or by having the money held in trust by a lawyer until the right party is determined. Using your lease as grounds to stay in the building when you have been in breach of your lease for several months won't work (or at least, such a thing wouldnt work in Ontario or Alberta Canada). This does seem really dicey. Heres hoping you have the rent money saved away (either to pay them upon demand, or to pay for a new place - though if youve been looking since October and still havnt found anything, it doesnt sound too good :/) so this doesnt cause a further problem making things even more difficult. If you have tenants insurance, there is usually some kind of coverage for if you are forced with short notice to leave (I think mine will pay up to $2000 for 30 days if I have less than 5 days notice to leave), so maybe that can bridge you for a few days if necessary!
post #16 of 16
I wouldn't be so sure the back rent thing is an issue. My family owns several rental houses/apartment buildings and when we buy a new place, the renter's status with the old owner doesn't enter into the equation. The way the law in my state is written, the seller is responsible for collecting rents on the month the property closes and he has to pay that amount to the seller at the time of closing. It doesn't matter if he actually collects the rent from the tenants or not, he has to pay it at the closing. If he doesn't collect it, it's his loss, but our problem as buyers. It may be a different story if there was an ongoing eviction procedure before the sale, but that's never happened to us.

My guess would be that the bank wants to flip the property as quickly as possible to make back some of the money. They probably think that will be easier to accomplish if there are no renters in the building, so they're trying some strong arm tactics. That whole "you have 3 days to provide proof you're a tenant or vacate" business sounds legally dubious. Most likely they're just hoping everyone will get the heck out of Dodge without putting up a stink.
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