Legal Question in Landlord & Tenant Law in California

Re: Tenant foreclosure

Sorry to hear about your being in this situation. The lawguru boards are littered with people who are facing exactly your same situation, and sadly all our legislators did to help you is provide for that 60 day notice (used to be virtually no notice). You can prorate the rent to the 9th, however, be aware that sometimes foreclosure sales are delayed for any number of reasons. If that happens, you will then need to pay the landlord to the continued sale date. This could happen several times. Once the bank owns it, wait to see what they want from you. Many banks (I've heard through anecdotal evidence) are not asking for rent, just giving the 60 day notice and expecting you out at that time. Also, many times the notice does not come right after the sale - I had someone call the other day and it had been two months since the foreclosure, and nobody from the bank had even called or stopped by the property. Don't bank on that, but be prepared to be flexible. The banks may require you to pay rent for the 60 days - let them contact you and tell you what they want. I wouldn't volunteer rent until it is requested. Good luck.

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