Legal Question in Real Estate Law in California

You would be able to stay until the unlawful detainer trial results in a judgment and the sheriff serves the writ of possession on you. How long that will take varies county to county as to their schedules; you can call both to find out. A tenant being in the house should not extend your lack of rights to remain.

I pretty much agree with Mr. Shers. At most, the tenant might be allowed to stay, but even that requires a pretty liberal interpretation of the Tenants' Rights in Foreclosure Act, a defense of the unlawful detainer suit on that ground by or on behalf of the tenant, and proof that the tenant is indeed a tenant and not a guest or a lodger.

If you only have one person renting a room in your house, they are a lodger, not a tenant. If you had a rooming house with multiple tenants, it would raise an interesting question, but given that you only have one, you're all out of luck.

I agree with Mr. McCormick and Mr. Whipple. The Protecting Tenants in Foreclosure Act of 2009 would not protect you, because you are the original trustor. I doubt it would protect the preson renting the room, because as Mr. McCormick points out, that is a lodger and not a tenant.