Re: Defensive home leasing in CA?



"Jose Reckoner" <reckoner@xxxxxxxxx> wrote in message
news:1148221224.456131.58290@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
What should renters look for in choosing a house to rent to make sure
that the house doesn't go into foreclosure or be put up for sale
while you are renting?

With the recent torrent of San Diego house rentals, how can you defend
against these problems? Should you choose a place that has a property
management company running it? What kinds of questions should you ask?
It would be a drag to have to move again if the house goes into
foreclosure. My understanding is that if the house is sold while under
lease, the new owner must honor the lease.

There is nothing a renter can do to be sure of renting a place that will
never go into foreclosure. But here's a trick that will put you ahead of
99% of all other renters: Read the lease before signing.

If you find something in the lease you don't like, negotiate a change. Some
things landlords will change and some things they won't.

A tenant's rights can be extinguished by a foreclosure. A sale from a
sheriff after foreclosure may be made to a buyer who is not required to
honor a pre-existing lease. But in a non-foreclosure contexts, where the
property owner sells the property to a buyer, the buyer must honor a
pre-existing recorded lease unless the lease says otherwise. I don't know
the rule pertaining to an unrecorded lease.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com

McGyver


.



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