Legal Question in Landlord & Tenant Law in California

I'm am a commercial tenant renting a warehouse space from a property owner in California. Property is in a rural area. Owner lives in a home on property. There are 2 warehouses that are partitioned into multiple warehouse spaces. I have found out that the bank is foreclosing on this property.

My question is: what are my rights as a commercial tenant? Do I have a specific time frame after foreclosure to be out of property?


Asked on 4/12/13, 9:03 pm

1 Answer from Attorneys

Commercial tenants are in a VERY different situation from residential in the case of foreclosure. Unless your lease or rental agreement pre-dated the mortgage that is foreclosed on, AND the bank had actual or constructive notice of your tenancy, it is wiped out upon foreclosure. You will need to discuss with the bank or whomever buys at the foreclosure sale whether they will want to keep you on as a tenant. If not, they technically can file an unlawful detainer to have you removed the same day as they get their foreclosure deed. You would then only have a few weeks before the eviction by the sheriff.

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Answered on 4/14/13, 4:43 pm


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