Bakersfield, CA asked in Foreclosure and Landlord - Tenant for California

Q: OK so Me and my boyfriend moved in a house about 6 months ago we were on a fixed lease we'll the house got foreclosed up

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're living in a rental property that gets foreclosed upon, the Protecting Tenants at Foreclosure Act provides you with certain rights. First and foremost, if you have a fixed-term lease, the new owner must honor the lease unless they plan to occupy the property as their primary residence. Even in that case, they are required to provide you with at least 90 days' notice before terminating the lease.

If your lease is month-to-month or if there is no lease, you're still entitled to a 90-day notice before you have to move out. It's important to know that these protections are there to ensure that tenants are not abruptly displaced due to foreclosure. Additionally, the new owner is considered your landlord and must adhere to local and state landlord-tenant laws, including the return of your security deposit in accordance with California law.

It's advisable to communicate directly with the new property owner or their representative as soon as possible to understand their intentions regarding the property and your lease. Keeping a record of all communications can be beneficial. If you encounter any issues, consider seeking legal advice to understand your rights and options more fully. California law provides mechanisms to protect tenants, and understanding these can help you navigate the situation more effectively.

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