Legal Question in Landlord & Tenant Law in California

We do loss mitigation includes loan modification and do landlord tenant matters too so we have some experience in a situations such as yours. Sure he can, but he'll have to get you out before they let their new tenant in. If your LL is in foreclosure he has 3 months from the date of the notice of default before they can set a sale date which is on 20 days notice, so effectively he has approximately 110 days from the date the notice of default was recorded before his house is sold. Given this time constraint I don't see why he wants to spend the money to evict you if you are willing to pay rent. If you can't then that is another story. I would suggest that you give him a call and see what you can work out. I would guess maybe he is trying to get a modification of the loan or scrape up the money to save the house, but talk to him because in this situation you can help each other out. First if you pay him then he has an income stream to support the house unless the rest of his finances are a wreck, secondly if he has a long term tenant it shows stability for his finances for the bank to grant a modification and thirdly if he has a long term lease in place then it makes it more unattractive for the bank to take over the property because under the new federal law the bank has to honor the terms of the lease even if they foreclose on him. The old law in California held that once a foreclosure takes place all the leases are extinguished unless they predated the mortgage. So give him a call if you can pay the rent and if not still call him to work out a deal to move so you don�t get a judgment on your record.

Hope this helps and best of luck to you.