Landlord wants to evict us eventhough the house is in final stages of a UD

[Edward Longfellow]

Hello,

We just found out that our landlord has been fighting the bank in the house we have been renting the past several months and even though he told us everything is Ok, we just found out that the UD trial is set against him (US Bank) and the bank is expected to win. Our names are not on the UD, apparently he provided the bank with a fraudulent rental agreement with another party since we had seen another name on some legal papers posted on our door a while back.

Now the landlord wants to move into the rental house and kick us out (he is going to try to do a BK and other moves to further delay the process).

He just gave us a 3 day notice to quit (we are in California) and he threatened us with a UD if we don't move in the next two or three days.

I told him we would leave at the end of the month (less than 30 days) but he said we have to move out ASAP. Please note that we were not late on our rent and in fact he doesn't want our rent at this point.

I am thinking of contacting the bank and telling them that we have possession of the property and we would be willing to do a cash for keys. This would really screw him over (which I don't feel right doing, but if he files a UD, I have no problem doing that, if he tries to ruin my credit, I will try to destroy him as well)

My questions is:

1) Can the landlord file a UD on a house that has been sold to the bank already? He has no standing here right?

2) If we contact the bank, do you think they would cooperate with cash for keys program?

Thank you.

[Jon Holdman]

Have a look at the "Protecting Tenants at Foreclosure Act". This applies in your case and gives you time to move out.

Almost certainly he cannot kick you out at all, since he's not the owner. Even if he was, he can't just give you three days notice to leave.

You may want to find an attorney in your area who's familiar with landlord/tenant law and foreclosure law.

I don't see how you can cause yourself any more trouble by contacting the bank. They may or may not be willing to do a cash for keys. But at least you could kick in the "protecting tenants at foreclosure" protections. Hopefully you have something in writing showing you have a valid lease.