If you are a tenant in a property that has been foreclosed upon it is important that you understand your rights. It is also important for tenants and landlords to work together throughout this process. Whoever obtains new ownership will in all likelihood want the tenant to get out right away. However the Tenant has up to 90 days to stay in the property. They must continue to pay rent and follow the terms of their original lease agreement. The California Code of Civil Procedure was amended by SB1149 to provide tenant’s additional rights. If you are a tenant in a property that is going through foreclosure you should contact an attorney to understand your rights. You can also visit www.lawhelpcalifornia.org for additional information.
- Tenants with a lease have a right to stay until yhe end of the lease, but the lease may be terminated on 90 days notice by a purchaser who will occupy the property as their primary residence.
- Tenant with expiring month to month leases are entitled to a 90 day notice to quit before the new owner can start an unlawful detainer.