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The
City of Los Angeles is one of the departments that assist
with Landlord Tenant relations. Together with the state and
federal housing programs, landlords and tenants both have an
obligation.
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Starting December 17, 2008, a renter in the City of Los
Angeles cannot be evicted simply because of a foreclosure.
Los Angeles has rent control, which protects some but not
all renters. Rent control laws require landlords to have one
of 12 specific reasons to evict a tenant. A foreclosure is
not one of those reasons.
This protection against foreclosures now applies to all
renters in the City of Los Angeles.
- If the bank or lender which takes over a property in a
foreclosure tries to evict a renter, call Los Angeles'
rent control hotline at (866) 557-7368.
- If you receive an Unlawful Detainer, immediately
contact a lawyer or a legal aid agency.
- If you get notice of a foreclosure sale from a
financial institution, contact that business to find out
how and where to send your rent.
Watch out for scams
After someone buys the property at a public auction,
other people may try to collect rent from you. Don't give
money to anyone unless they can prove they now own the
property.
The "Deed Upon Sale" will tell you who the new
owner is. You can get a copy by visiting the Los Angeles
County Registrar Recorder’s office at: 12400 Imperial Hwy,
Norwalk, CA 90650.
Call for more information or speak with one of the
counselors at the Department of Community Affairs at (800)
973-3370. If you live outside of Southern
California, call (213) 974-1450.
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NOTICES IN FORECLOSURE
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According to California law,
your landlord does not have to tell you the home you are
renting is in foreclosure. But before the home is sold, a
“Notice of Sale” must be posted at the home.
The following notice must also
be posted at the home and mailed to you:
“Foreclosure process has begun on this property, which may
affect your right to continue to live in this property.
Twenty days or more after the date of this notice, this
property may be sold at foreclosure. If you are renting this
property, the new property owner may either give you a new
lease or rental agreement or provide you with a 60-day
eviction notice. However, other laws may prohibit an
eviction in this circumstance or provide you with a longer
notice before eviction. You may wish to contact a lawyer or
your legal aid or housing counseling agency to discuss any
rights you may have.”
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FORECLOSURE AND RENT CONTROL
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Some cities with rent control
do not allow a new owner to evict you because of a
foreclosure. Contact your local rent control office for more
information:
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FORECLOSURE AND SECTION 8
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The new U.S. law giving renters
90 days notice also applies to Section 8 tenants. Other
special rules apply if you receive Section 8. Contact your
case worker or local Section 8 office immediately. Tell them
about the foreclosure and discuss the terms of your housing
contract. Learn
more on Section 8
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SECURITY DEPOSITS and FORECLOSURE
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Your landlord must return your security
deposit minus any lawful deductions, or transfer
it to the new owner. If not, both the old and new owner are
liable.
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CASH FOR KEYS
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In most cases, the new owner is
the bank or lender that foreclosed on the property. They may
offer you money to move out sooner than 90 days. This is
called “Cash for Keys.” If you agree to this make sure
the person has authority to make the offer and gives you the
offer in writing. Not all tenants will receive a
cash-for-keys offer
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