There's no doubt there's a foreclosure crisis going on across the country and 37-percent of those foreclosures are rentals. Several renters contacted 17 News recently, saying the homes they were living in had been foreclosed on and the investors had tried to force them out.
"Unfortunately it's not rare for private investors who want to vacate these homes as quickly as possible to be very aggressive, and send out their agents, and try to push these tenants out, either by denying that they have any rights, or misinforming them about what their rights are," said Gabe Treves with Tenants Together, a statewide organization for tenant rights.
Amber and Tony Moore say their rental was foreclosed on and sold at auction last year. "On the 15th of September we watched the house get sold," said Moore.
The Moores obtained a lawyer who assured them they had the right to live out their lease, but eventually they say the harassment got so bad they just decided to give up.
"They were constantly dropping us a three day notice, constantly threatening us with harassing phone calls, emails, even text messages. Stuff like 'get out," said Moore.
"If you're protected by the federal law you're allowed to live out the term of your lease," said attorney Mark Roy with Greater Bakersfield Legal Assistance. Roy says the only exception to that law are people renting from family or paying way below market value rent, or if the new owner intends to live there.
But Frank St. Clair with St. Clair Investments, says he buys about a dozen foreclosed properties a month, and he doesn't agree. "It appears that pertains to the banks that are the foreclosing entity. I'm not the foreclosing entity, I'm a third party, so I don't have to honor the lease," said St. Clair.
"Well they're 100% wrong," said Treves.
But, "They say that," said St. Clair, "But if they fight us in court, they'll lose."
In fact a renter is taking St. Clair to court over this issue next month. St. Clair says it's the first time anyone has challenged him, but he is confident he'll win. "We have a fairly conservative legal system around here so I feel pretty comfortable with it going that way in court," said St. Clair.
If you're a renter having problems like this, you can contact the Greater Bakersfield Legal Assistance at 661-325-5943.
If you have a story you want 17 News to investigate, call the newsroom at 283-1717, or go to the "Contact 17" link on the home page of this site.
