Legal Question in Consumer Law in California

Re: Termination of a lease agreement

After the foreclosure sale, the new owners will have to give you a 30 day notice before evicting you. You will probably not be named in the ud lawsuit, so your credit will not be damaged. It will probably take close to 3 weeks before the sheriff actually boots you out. You will need to file a proof of claim with the bankruptcy court in order to potentially get your money back, but you will not get it back right away, you could get payments over the next 5 years, without interest. In your situation you could just wait until the house sells at the foreclosure and then not pay your rent anymore, thereby effectively getting your deposit back. Or you could just wait until you are served the ud complaint and then file your own bankruptcy, thereby slowing the eviction process.

Re: Termination of a lease agreement

Since the security deposit is yours and not his, demand it immediately. It might also be accruing interest. If he files BK, then he'll still holding the deposit, and you can talk to the BK trustee about its return. You are not required to move. If the bank wants you to move, it will have to give you a 30-day notice.