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Forclosed home, tenant didnt pay rent?

The tenant renting our home put a stop to this months rent of our property in Sacramento. She's on a month to month based non-lease with no contract...I need to evict her A.S.A.P...shes been very difficult to get a hold of and to try to reach in person...what are my rights as the owner of the property? Our home is scheduled for foreclosure on Sept. 30th......

Additional Details

I'm currently working with the bank to try to get it on a short sale.. She has no legal rights to withhold rent. That is BS.

Post a 3 day on her door and start eviction on day 3.

Have a friend serve her personally, at home, at work, whatever, you have no time to wait for the mail.

If all goes well she is out of there in 2 weeks. It takes 10 days after the 3 day notice, unless deadlines happen on weekends, you can only file paper mon-fri.

You can sue her and you will win your rent.

You breached no contract with the tenant, do not listen to trolls. At this point, she had every legal right to stop paying rent.

Your home is already in foreclosure...the sale is just scheduled for September 30th.

The day your home was in foreclosure, your lease legally ended on that day...so she didn't have to pay you rent anymore b/c I guarantee you have already spent her deposit.

I also think it's very, very selfish of you as a landlord that you expected her to stick around and risk getting thrown out on the street b/c you are hoping for a short sale in two weeks that is most likely never gong to happen.

You can sue anyone for anything...but you won't collect a dime if you go to court.

In fact, you breeched the agreement by not paying your bills.

You can't legally evict her b/c you don't own the property anymore...once the Trustee takes control, that's it.

Why do you need to evict her if you are going to lose the house in approximately two weeks? You'd better talk to a lawyer. You may just be better off sending her a certified letter, advising her that she must move out before your lender takes possession of the property. If she is still there when the lender takes over, they will have to evict her, but they can load on additional fees to you for that reason. So, talk to a lawyer. You need more specific information than anyone can give you on this forum. Did the lender tell you that it is your obligation to evict her?
Best of luck.

Have you made attempts to save the home from forecloser? If you have filed a chapter 13Bk? This may help save your home. If it is now in forclosure what are your plans? If the tenant has wind of this they may be looking to rent somewhere. If you do not plan on saving the home and not paying the mortgage with the rental your getting that is agaist the law. You need to give her / them a 3 day notice to pay or quit first before you can do a thing.

www.dca.ca.gov

if she hasn't paid rent when it was due serve her a 3 day pay or quit you can post on door as well as mail a copy certified mail return receipt requested. once the 3 days is up you can start the legal eviction process.

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