Legal Question in Landlord & Tenant Law in California

Re: Foreclosure - what happens to tenant

Once the new owner identifies itself to you, you might want to contact it to either create a new tenancy or seek cash for keys if you were to move soon.

More than likely, the bank will let you know to whom to pay rent or at least ask you for your lease agreement. Some localities forbid eviction of pre-existing tenants if they are current on their rent and if they permit inspection of the premises.

If you've been there more than one year, the bank will have to give you a 60-day notice to move. Otherwise, it's 30 days. If you don't move by then, it then will file an unlawful detainer lawsuit (which is not great if you're trying to find another place to live -- it gets reported on credit reports). You would then have five days to file an answer, and usually a trial will be held within two to three weeks. The sheriff then takes about another week (or month in some locations) to do the eviction.

Communication is always the best policy, however.