Legal Question in Landlord & Tenant Law in California

In California, I have an opportunity to rent a home that has been foreclosed by an HOA for a very reasonable price. I am only looking for a short term rental while I find a home to buy, so the fact that the senior lein holder may foreclose in 1-6 months does not bother me. I do intend to write an addendum to the month-to-month or six month lease stating that if the senior lein holder forecloses during the term of the lease that the HOA will return 100% of my security deposit and that I will make any remaining rental payments to the new property owner.

My understanding of the Federal law (Public Law 111-22) is that once the financial institution forecloses, they must honor the remaining term of my lease and/or give me 90 days notice to vacate.

Is there any California law that counters this, and how is this statute enforced should I encounter problems with the new owners?


Asked on 3/03/14, 3:20 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Federal law trumps state law when it conflicts. You are referring to Protecting Tenants at Foreclosure Act, which you would raise as a defense in an unlawful detainer action brought by the new owners. Make sure that you fully understand that act, and be advised that the act is currently set to expire this year.

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Answered on 4/18/14, 12:32 pm


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