Law Offices of R. Grace Rodriguez - Real Estate & Bankruptcy Lawyers

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Any person acquiring property through a foreclosure sale must wait until the term of the lease expires and give a 90 day notice to move out to the occupants IF and ONLY IF the following conditions are met:

1. If you have a lease in writing;

2. Lease was entered into before the Notice of Foreclosure

3. You are not a first degree relative (spouse, parent or child) of owner;

4. The prior owner does NOT live with you.

5. You are not paying substantially less than market rent;

But. . . . in California in order to win this argument you better have a copy of the lease in writing and you better have some evidence of payment of your rents since the date the foreclosure notice was issued. . . such as a reciept issued from the owner of the house.

Recommendation: Before you rent a room or a house, get the agreement in writing and always maintain proof of payment of your rent whether a property is in foreclosure or not.

As this applies only to foreclosed properties:

Any person acquiring property through a foreclosure who wishes to evict the occupants must give 60 days notice if the following conditions are met:

1. The prior owner does NOT live with you.

2. You do NOT have to be renting the entire property;

3. You do not have to be paying market rent.

However we recommend that you have some evidence that you have been paying rent. Some evidence that the owner of the property has moved.

Recommendation: Before you rent a room or a house, get the agreement in writing and always maintain proof of payment of your rent whether a property is in foreclosure or not.

If you live anywhere in Los Angeles County special eviction rules may apply to you which would require a foreclosing lender to accept rent from you and restrict their ability to evict you after foreclosure when you were not the owner of the property at the time of foreclosure. Call for an immediate consultation so that you know how to protect your rights as a tenant!