Legal Question in Landlord & Tenant Law in California

How do you know it's in foreclosure? Even if the home is in foreclosure, there is a new law - the "Protecting Tenants at Foreclosure Act" which provides that any remaining term lease you have when the home is foreclosed by the bank must be honored by the bank, so really, the foreclosure does not affect your right to remain in the home. As such, you probably cannot now claim that the landlord has defaulted under her obligations under the lease sufficiently to allow you to terminate the lease. I would, however, suggest that you have someone review the lease to ensure that the foreclosure itself is not sufficient to declare a breach by the landlord, and terminate the lease. It is very dependent upon the actual language in the lease agreement. Absent the lease agreement language, the landlord has probably not breached your right to quiet enjoyment of the property, nor even disturbed your right to remain in the property through the end of the lease because of this new law. Good luck.

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