Renter Rights When Living In A Foreclosure Property - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Renter Rights When Living In A Foreclosure Property

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Record setting foreclosures in San Diego County are not just displacing homeowners - tenants are getting the boot too. News 8 speaks with a tenant attorney about the rights every renter should know.\r\n\r\nBefore a tenant signs a lease these days and moves into a rental, they need to do some homework. Just ask Brenda Prieto. The Prieto family rented a five-bedroom Chula Vista home, and although they were paying the $2,400 monthly rent, they found out their landlord wasn't paying the mortgage.\r\n\r\n"They were not picking up the mail, the owners, and we saw a lot of foreclosure stuff in the mail," Prieto said.\r\n\r\nKeep in mind, Brenda, her husband and four kids had just moved in and painted much of the home to make it nicer. But those foreclosure notices kept coming.\r\n\r\n"There's just so much - how do we know if we have to leave in a week, in two weeks," Brenda said.\r\n\r\nSteve Kellman from the Tenants Legal Center says these days tenants need to turn the tables on their landlords.\r\n\r\n"Well you know the times are changing. It used to be where the tenant's credit report was the main issue. Now the tenant needs to look back at the landlord and say are you okay, is your credit okay, are you paying the mortgage," Kellman said.\r\n\r\nKellman says if they're not, public county records will show if a landlord's property is in default. Do some research, like Brenda Prieto.\r\n\r\n"I consulted a friend and she said you know what, you might be able to go to the county recorder's office and check to see if they have a default. Once it becomes a default, it becomes public record. So that's what we did. We went and we found out that they hadn't paid their mortgage since April, which was when we moved in," Brenda said.\r\n\r\nThe sad irony is the Prietos moved into the home because they lost their home to foreclosure.\r\n\r\n"I lost my house too, and I didn't drag anyone with me. That's how I look at it," Brenda said. "I just hope she doesn't do this to another family."\r\n\r\nBrenda says this foreclosure flood takes a terrible toll on children.\r\n\r\n"It confuses them. It's upsetting. It's like, so where are we going now. It just destabilizes them," she said.\r\n\r\nThere's a new law on the books that protects tenants living in foreclosures. As of July, the normal 30-day eviction notice was doubled to 60 days, and during that time, the tenants don't have to pay the rent.\r\n
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