BAKERSFIELD, Calif. -- A southwest Bakersfield family renting a foreclosed home claims the new owner is unfairly trying to kick them out just four days after he bought the home.
Earlier this month, Anthony Moore received notice the home he and his family had been renting for the past four years was foreclosed and would be up for sale at an auction.
Moore said the home sold Monday, and already the owner is pressuring him to get out in 90 days or sooner.
"Somewhere somebody has to say no, I'm not going to be a victim. I have four kids, we cannot afford to just pull money from a cherry tree in the backyard and move next week we don't have that type of funds," said Moore.
Because of the new federal law Protecting Tenants at Foreclosure Act of 2009, Moore said he has the right to stay in the home until April 2010, that's when his lease is up.
Congress passed the law in May aimed at protecting renters in foreclosure situations. Under the law, tenants are able to stay in their home until the end of their lease term, except if the new owner has plans to occupy the home then the tenant has 90 days to vacate.
Moore said he has been in contact with Monique Cervantes, who identified herself as the landlord. He said Cervantes told him that the owner, Shae Mhlay has no intentions on living in the home.
"She's saying that it's not legal, that they don't have to follow the lease and basically told me the first day that the new owner is lethal, is ruthless and wants us out," said Moore.
On the County Assessor's Web site, ABC 23 found Mhlay had purchased close to 70 homes since January this year.
Gabe Treves of Tenants Together, an organization dedicated to protecting tenants rights, said it is common for new owners or realtors to pressure tenants into thinking they need to get out of the home or accept a cash offer.
"We encourage tenants to write a letter to the bank or the realtor explaining that they are a tenant, and that they understand under the new federal law they are entitled to stay at their home until the end of their lease and they intend to do so. We tell them to send a copy of their rental agreement and if the owner of realtor pushes back then we tell tenants to get legal help," said Treves.
ABC 23 contacted Cervantes who gave us another number to call. The person who answered that number said we had the wrong number once we identified ourselves.
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