Patty's "All Things Real Estate" Blog.

I’ve been hearing a lot lately about banks trying to evict tenants from a home after the bank has foreclosed on the property.  Offering them ‘cash for keys’ and REO agents using bullying tactics to force them out.  What we all need to remember is that Tenants do have rights and cannot be forced from the home. 

In May 2009, the federal government enacted the “Protecting Tenants at Foreclosure Act” giving tenants new protections, such as the right to stay in their homes for at least 90 days after receiving an eviction notice. While state and local laws also contain strong protections, unlawful evictions and harassment of tenants continue.

Tenants should know their rights under the law. These rights include:

- Tenants cannot be required to move out of their homes for at least 90 days following an eviction notice.
- Tenants can insist on staying until the end of their leases. The only exception occurs when the new owner of a single-family home wants to move in.
- Tenants can require banks and their agents to put all communication in writing.
- Tenants are not obligated to accept “cash for keys” money to move out sooner than the law prescribes.
- Harassment, such as improper entry into a person’s home, shutting off water and lights, or changing the locks without a court order is illegal.
- The above rights extend to tenants living in government-subsidized Section 8 housing, who may also have additional protections under state and local laws.
- If a city has a just cause for eviction law, a landlord must have a specific reason to evict a tenant, and foreclosure may not be recognized as a legitimate basis for eviction. Tenants should check local ordinances.

Sixteen cities in California have just cause for eviction ordinances: Berkeley, Beverly Hills, East Palo Alto, Glendale, Hayward, Los Angeles, Maywood, Oakland, Palm Springs, Richmond, Ridgecrest, San Diego, San Francisco, Santa Monica, Thousand Oaks, and West Hollywood.

For more information about fair housing laws in California, contact the Department of Fair Housing. 

With the increased number of people losing their homes to foreclosure & short sale there is an increase in the number of people needing to rent.  A few things to be prepared for if you find yourself renting a home after many years of owning;   Landlords will require a rental application and most charge a screening fee to check your credit, criminal,  and rental (eviction) history.  You may also need to provide documents to verify employment and income.  Many landlords and property management companies have a minimum credit score that is acceptable to be considered a candidate for renting.  The more information you can provide to prove your credit worthiness, the better. 

Expect to come up with not only your first months rent, but up to 2 times the rent amount as a security deposit.  Additional security funds can be required if you have pets.   Signing a 12-month lease is customary, but some landlords are willing to provide shorter term leases with an increase in the rent amount. 

If you are in doubts or questions about practices by landlords or property management companies, you can contact Fair Housing for advice and information.  You can also enlist the help of your local real estate agent or property management company to help you find rental properties and represent you in the leasing process.