Legal Question in Landlord & Tenant Law in California

You can give a 30-day notice, but if you do so, you might give it before the foreclosure so that it's on record. (You might not know for a while which bank or individual purchased the home.) Also, you might want to speak with a tenant's attorney because you might have legal rights of which you are unaware.

Actually you cannot break the lease due to a foreclosure. Just like any other sale, a buyer may be paying based on the expected cash-flow from an existing binding lease. More likely, however, the buyer will want you out and will be stuck with you until March 2011. In that case you will be at an advantage if you have not tried to break the lease. If you try to break it before the sale, they can just say, "Oh, OK, we won't fight you." But if you sit tight until after the sale, they will very likely offer you "cash for keys," if they want you out. Your worst case if you try to break the lease is you get sued for the breach. Best case you have to move in 30-days. Your worst case if you sit tight until after the sale is that things calm down and you move in March. Best case, they offer you cash for keys and you get out with money in your pocket.