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We are tenants in a Foreclosure, Can I be evicted without being given a 30, 60 or 90-day notice, when I have a lease?

San Diego, CA |

The first notice we received was "Notice of trustee's sale". Then we received a few notices for "Cash for Keys". In which I responded stating we had a lease. Then we received a"Notice to Vacate" from the sheriff. (vacate in 6 days) The bank went to court and got a unlawful detainer against us and we never knew anything about this. We were never served. We went to court and got an ex parte re: stay of eviction court date set for this week. We were also never named in the paper work. It said the owners Name and All other occupants. Now the bank had the letter I sent to "Cash for Keys" person so they knew we had a lease. Can the bank (lender) get away with this? Or will the Judge see that we do in fact have a lease and let us stay until our lease expires?

Attorney Answers 1


  1. Unless San Diego has a just cause eviction ordinance....they did? Have you lived there 2 years? Then your lease remains in force.

    "Working with allies in the San Diego Affordable Housing Coalition, San Diego ACORN members helped build support for the March 30 passage of a "Just Cause Eviction Ordinance" to protect longtime tenants' rights in San Diego - the first tenants rights legislation passed in city history. The new law covers tenants who have lived in a rental unit for at least two years, and requires landlords to prove that tenants have violated one of ten "just cause" reasons outlined in the ordinance in order to evict them. "

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