Legal Question in Landlord & Tenant Law in California

the house i am currently renting was lost in foreclosure and sold at auction without my knowledge. And today i received a 90, 30 and 3 day notice to quit. They also gave me a copy for the owner which i found strange. But the owner signed a 5 year lease agreement with me, shouldn't the new owner have to honor that?


Asked on 12/02/22, 6:48 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

They gave you a copy for the owner because the owner must be served at the property as well as in person. As for your rights, it depends on a LOT of specific details of your situation. The old school rule going back to old English property law is that unless the buyer at a foreclosure sale has notice of the tenancy, the tenancy is terminated because it only exists as an extension of the foreclosed owner's ownership. When ownership ends, tenancy ends. That harsh rule has been limited in many ways by tenant eviction protection legislation, but those laws are rather convoluted. There may also be different rules under state and local law. Local laws can provide more, but not less protection than the state law. It appears that you live in Sacramento. Sacramento has it's own laws, plus you are covered by the 2019 state just cause eviction law. How those laws apply, and whether they protect you in your specific situation, however, depends on a number of details such as how old the house is, how long you've lived there, etc. You can find a summary and further information on the Sacramento ordinances here: https://www.cityofsacramento.org/Community-Development/Code-Compliance/Tenant-Protection-Program/Tenants A flow chart of the state law which is a little hard to follow but gives good analysis if you read and follow it very carefully can be found here: https://www.tobenerlaw.com/wp-content/uploads/2022/06/flowchart.png

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Answered on 12/03/22, 2:51 pm


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