Legal Question in Landlord & Tenant Law in California

Re: Foreclosure

You cannot stop paying rent on the property until the property is conveyed to the bank or a new buyer at the foreclosure sale. As long as the landlord owns the property, you have an obligation to pay rent. A new law was enacted in California in July which will allow you to stay on the property for 60 days after the foreclosure sale. The bank (or buyer at auction) must give you 60 days notice that you must leave. The law doesn't state whether you have to pay the bank rent, but technically, as long as you live on the property, you are most likely liable for rent. If you don't leave after 60 days, then they can evict you.

I'd highly suggest that its in your best interest to pay the rent or leave. The landlord can not only sue you in small claims court, but they can evict you (so long as its prior to the foreclosure) for failure to pay rent.

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