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Tenant's rights in CA when landlord lets home go into foreclosure

Elk Grove, CA |

What are my rights as a renter if my Landlord is letting the home go into forclosure? Am I required to continue to pay rent? Do I still get my deposit back?

I have the same question but in I live in San Bernadino County in Victorville.The landlord has not told me nothing.And how long does the bank normally let tenants stay after the home goes in foreclosure.How long does it take to be evicted?

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Attorney answers 2


Once title has vested in or reverted to the financial institution/lender, your lease should be terminated and you will likely either have to move from the house or be evicted. Until that happens, however, you will be expected to continue to pay whatever rents are due under the lease. As to whether you get a return of your security deposit, such a determination will likely depend upon the condition of the house at the time you vacate the premises and should have nothing to do with the foreclosure action.



This information is incorrect! Under the Protecting Tenants at Foreclosure Act of 2009, the tenants should be able to continue to occupy the home through the end of their lease unless the new owner intends to occupy the home himself. In any case, an unlawful detainer action cannot be brought for at least 90 days.


You should continue paying the rent. Just because the home goes into foreclosure, does not mean the owner will lose the home, especially these days. If the home has been sold at auction, you should find out who the buyer was and see if you can negotiate to stay in the property. The house may have been bought by the bank or may have been bought by an investor. They would rather have an occupied house right now while they try to sell it or until the market picks up and they can sell it.