Legal Question in Real Estate Law in California

Re: Foreclosure Sales

If you are referring to the right of the buyer at a foreclosure to evict a tenant whose lease is wiped out due to being junior to the foreclosed lien, the notice must be "as long as the term of hiring but not exceeding 30 days" under Code of Civil Procedure section 1161a(c). The 30-day notice period was part of this law when passed in 1929 and as of July 11, 2008 WestLaw's on-line service is not reporting any change.

The Legislature has tinkered in recent years with the notice requirements to end a month-to-month tenancy, now requiring 60 days notice to evict a tenant who has been in a residential unit for more than a year. So far, the extended notice period has not been made to apply to the right of a buyer at a foreclosure sale to file an unlawful detainer 30 days after notice to quit.

You might also check to see if local rent-control laws affect the situation.