Legal Question in Landlord & Tenant Law in California

You do still owe rent to the landlord through the foreclosure date even though s/he has not paid the mortgage. That being said, if the landlord has not given you a formal notice (three day pay-or-quit, or thirty/sixty day notice) then odds are very good that s/he will not be able to get you out before the foreclosure sale takes place, assuming it is sold on November 10, 2010. The problem is that sale date can be postponed if the landlord is working on a loan modification, files bankruptcy or in some other way stays the sale. Then, you are a defaulted tenant who can be evicted. Do your best to stay in until the foreclosure sale as the banks sometimes offer cash for keys.

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Unless and until the current owner loses ownership, you are obligated to pay them rent and abide by all the other obligations of a tenant. That includes the obligation to vacate the premises within 30 days of a 30-day notice if you are on a month to month rental agreement. If you are on a lease and the lease ends later than 30 days, the 30-day notice would be invalid. If you hold over beyond the 30 days, whoever owns the property at that time can evict you and sue you for back rent and damages. If the property is sold before the case is heard, the old and new owners each have claims against you if you fail to vacate and fail to pay rent.