can a landlord legally charge rent during forclosure...


#1

can a landlord legally charge rent during forclosure process?


#2

Absolutely!!!


#3

But if the loan started before the lease, then the lease is nullified, so why couldn’t you stop paying the rent to the owner who is not servicing the mortgage?


#4

The lease or rental agreement would not be wiped out by the foreclosure until after the property is sold at auction and the trustee’s deed is recorded. And even after the lease or rental agreement is wiped out by the foreclosure sale, the new owner is likely still entitled to fair market rents from the holdover occupant. We’ve received many judgements against holdover tenants for rent. Always amazed me that folks would rather fight the eviction only to end up paying rent for the entire time they were there instead of accepting my offer of cash for them to move out and leave the house clean.


#5

yes he can definitely charge you rent until the house is sold at auction. It is his house until the house is sold.


#6

Can a Landlord rent a house after he finds out that the house is in foreclosure and still collect rent from that property.


#7

A landlord that is renting a property in foreclosure would want to make sure they are familiar with the Rent Skimming laws. (Civil Code 890 http://www.foreclosureradar.com/ca-foreclosure-law/ca-foreclosure-law-civil-code-890) If they are knowingly in foreclosure on a property and enter into a lease/rental agreement after the fact they could be guilty of rent skimming.


#8

can a landlord still charge rent after the house was sold at auction


#9

Hi Bill, If a house was sold at auction then the ownership has changed, the prior landlord no longer owns the house and cannot legally collect rent.