Legal Question in Landlord & Tenant Law in California

Re: Rights for tenants when house is being

No, you don't have to move, yet. As soon as you know who the buyer is, make contact and try to arrange continued rental.

Re: Rights for tenants when house is being

I agree with Mr. Cohen.

Stop worrying.

Re: Rights for tenants when house is being

While I agree with Mr. Cohen that you do not need to move today, I don't necessarily agree that you should not worry. On the date of the auction, your tenancy is terminated by the foreclosure sale. If the home is retained by the bank, then you will be evicted by the bank unless you move out first. Banks don't like to manage tenants, and don't like to market occupied properties. Many properties being foreclosed these days are going back to the bank because the high debt load and relatively low values. If the home is sold to a third-party at auction, you can try to negotiate with them regarding a new lease, but be prepared that when the home is sold at foreclosure, you may have a short window in which to move.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.