Legal Question in Landlord & Tenant Law in California

I am a tenant in a house that has been foreclosed upon and the bank now holds title to the house. I have been the tenant for over 12 years and still have a valid lease. What are my rights as a tenant and how long can I stay in the property? Do I need to file anything with the court or take any other action in order to be protected under the "Protecting Tenants at Foreclosure Act of 2009"?


Asked on 9/13/10, 3:42 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The bank must give you 90 days notice to leave. When you indicate you have a valid lease, what is the term of the lease. If month-to-month, or if it has less-than 90 days remaining, then they must give you a 90 day notice. If, however, the term of your lease has more than 90 days remaining, the bank must collect rent from you, and allow you to remain in the property until the term of your lease expires. Frankly, you need to review more facts with a local real estate attorney before you can truly determine your rights. If you have lived in the property for 12 years, it is most likely that you have a month-to-month lease which means only a 90 day notice.

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Answered on 9/21/10, 12:40 pm


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