What are my legal rights as a tenant in California if the property I am renting is sold or goes into foreclosure?
In California, your rights as a tenant are protected even if your rental property is sold or foreclosed; a new owner generally cannot immediately evict you and must honor your existing lease. Here is how to protect your rights:
Step 1: Confirm the Property Status and Review Your Lease
Immediately locate your written lease agreement. If you receive a "Notice of Trustee's Sale" or a notice from a new owner, your lease terms are critical. The new owner typically inherits the responsibilities of your original landlord under the existing lease.
Step 2: Understand Your Notice Requirements for a Regular Sale
If the property is sold normally (not in foreclosure) and the new owner wants you to move, they must provide a valid reason under the Tenant Protection Act (Civil Code 1946.2). A common reason is if they intend to move in themselves. In this case, they must give you at least a 60-day written notice if you have lived there for a year or more and may owe you relocation assistance.
Step 3: Know Your Specific Rights in a Foreclosure
If the property is sold in a foreclosure, you have strong protections. The new owner must honor a fixed-term lease until it expires, unless they plan to live in the unit, in which case they must still provide a 90-day written notice to vacate. If you have a month-to-month lease, the new owner must give you a 90-day written notice to move out (CCP 1161b).
Step 4: Continue Paying Rent to the Correct Party
You must continue to pay rent to remain a tenant in good standing. Do not stop paying rent unless you have received official, written instructions from the new owner or the bank identifying who is now legally entitled to receive payment. Request this information in writing.
Step 5: Document All Communication
Keep copies of all letters, notices, emails, and your lease agreement. Document every conversation with the landlord, bank, or new owner, including the date, time, and what was discussed. This documentation is crucial if a dispute arises.
Important considerations: Your lease remains in effect, and the new owner must follow its terms, including handling your security deposit correctly. They cannot force you to sign a new lease. You may also be offered a "cash for keys" agreement to voluntarily move out sooner, which is negotiable.
Note: These state laws provide a baseline of protection. Your local city or county may have stronger rent control or eviction ordinances that provide additional rights. These protections generally apply only if you are current on rent and have not violated your lease.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
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