eviction laws in california (foreclosed property) - need help please!

i just got this distraught email from one of my sons. he lives in california as i do and he and gf have a 1 yr old son. the first thing i thought of was to ask my buds on DU for some assistance, as i have been reading about this issue more often lately. never took it to heart as i don't know anyone personally in this situation, but i do now! read on...


Apparently the owner of our apartment hasn't been paying his mortgage since I just got a letter on the door that says they are foreclosing and the property will be auctioned off in two weeks. Property management says the lease is now broken and they want to move us into a new apartment but they don't have any others in our price range. I heard from a friend that the bank has to give a sixty day notice and must pay you either the sum of two months rent or $2000, whichever is more, upon eviction. I don't know what to do. Are you familiar with the legalities regarding my situation?


any DU'ers with knowledge on this issue? i would so appreciate it!

That "broken" comment makes me think said management is pulling shit out of the air. Your son needs to speak with the lender who is/has taken back the property - not management company. Usually investment property sales better when it has tenants paying rent.

Also - is your son on a lease? If so, when does the term end. If he is not on a lease (month-to-month) he has far fewer rights.

Again, about the property manager - they could be flat out lying to your son and trying to get him into another property that they manage. He could end up (depending on the lease situation) with continuing obligations to the new owner of his current apartment.

btw - I don't know anything about California landlord tenant law but these things really don't vary much from state to state.

yes, he is on a one year lease, with about 6 months or so left on it. i think the note on the door was from the bank, but not sure. i'll let him know that he needs to contact the lender. fyi, this apartment was a dump, he was only paying about 600 a month, which is low in california.

which includes some treatment of the "Protecting Tenants at Foreclosure Act of 2009".

"This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants)."

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/catID/7E846209-6969-42D1-8B1617C517D8E62E/213/317/ART/

Apparently, you can also use nolo to look-up state laws; but the above-referenced Act seems to provide a little breathing room.

i'd forgotten about them (used them in a divorce). i will check it out. thank you, friend.