Legal Question in Real Estate Law in California

Re: Living in a Foreclosed Home

The landlord could, in theory, at the expiration of the 30 days, file an eviction and remove you from the property. That assumes that he can get it all done before the foreclosure takes place, and that he wants to spend the money to do so. He probably was advised by his realtor or attorney to give you the thirty day notice to terminate the lease so he isn't liable to you for any "breach of lease" issues. Once the bank owns the property, they have to give you 60 days notice to move under California law, and under a newly-enacted federal law, possibly 90 days notice (Senate Bill 896 which has been signed into law). Once the bank gives you notice, they may offer you a "cash for keys" deal, or may offer to work out a new lease.

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