Witholding Rent pending Auction?

Submitted by kireesah from CA - 07/06/2009 - 8:55am

I rent a property in Sacramento Count that is set to be auctioned July 13th 2009. I am on a month to month, and I intend to move within the next 60 days. Can I withhold my rent until the auction date?, so I can see if is still going to own the property? Should I give my 30 day notice now? Will a foreclosure eviction count against my rental history?

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Comments

Submitted by Tom Johnston - 05/07/2010 - 11:55am

You are obligated to pay rent to the owner, even if there's a pending trustee sale. Once there's an auction, you're protected by TITLE VII--PROTECTING TENANTS AT FORECLOSURE ACT, Section 702, a law enacted May 20, 2009. You will have at least 90 days if you're month-to-month, and longer if on a lease.

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