Legal Question in Landlord & Tenant Law in California

Re: Pre forclosed home

When you say pre-forclosed, I assume you mean that a Notice of Default has been recorded but the home has not yet been sold at auction? Until the home is sold you do need to continue paying rent. When it is sold at auction, you should immediately demand your security deposit back from the prior landlord, and any rent you over-paid. The bank will then give you notice to vacate. They almost without exception will not keep you on as a tenant. If you move prior to the foreclosure sale, the landlord will owe you the refund of the security deposit, less any proper deductions, within 21 days. Good luck.

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