You may be given notice in the middle of a month to month tenancy or a fixed-term lease if your landlord's mortgage has been foreclosed upon and the lender who has obtained title to the property wants you out in order to sell it. However, if you happen to have a lease and it was signed before the deed of trust or mortgage was recorded in the County Recorder's office, your lease will survive the foreclosure. (The idea here is that, since the bank knew about your tenancy when they loaned your landlord money, the bank or lending institution should honor your tenancy and thus be stuck with you for the duration of your lease).

In any event most mortgages and trust deeds are years-long arrangements so it is unlikely that your lease, (which is probably one year old at the most), predates the recording of the mortgage or trust deed. So, few existing tenants will survive to enjoy the full term of their lease if the bank wants you out. In any event the bank or lender must give you a 60 day notice to vacate in writing when they officially have title to the property and they want you out in order to sell it.

In many cases where the rental property is an apartment complex or multi-unit dwelling the bank or lender may encourage you to continue the tenancy and ask you to pay your rent to them instead of your previous landlord/owner. If the bank or lending institution wants you out and you are having a difficult time finding another place contact them and ask them for some extra time and make arrangements to send rental payments directly to them.

If your landlord has filed bankruptcy, contact the bankruptcy court and get in touch with the bankruptcy trustee in charge of the landlords property to get information on how this affects your tenancy, where you should pay your rent, and what will happen to your security deposit.
If you have no other choice and have to wait until the last minute to move because you cannot find another place the law (Sec.1946 of California code) still applies in that after the landlord new owner, bank, or lending institution gives you a 60 day written notice and you don't comply, their second step must be to sue you in court. The landlord new owner, bank, or lending institution cannot legally walk into your dwelling and physically remove you, or lock you out, if you do not comply with the written 60 day notice. He/she must go through the courts.

The important thing to remember is that the written notice is only the first step. Thereafter they must file a lawsuit in court (called an Unlawful Detainer) and serve you with legal papers called the Summons and Complaint and thereafter get a court order (called a Writ of Possession). They cannot evict you without first taking these steps. (Sec.789.3 of California Code) In addition they cannot turn off your utilities, prevent you from entering your place by locking you out, remove the outside door or any windows with the intention of making you move or illegally remove your personal property from the premises.If he/she does these prohibited actions and you go to court, you can receive actual damages plus reasonable attorney's fees, and up to $100 for each day of the violation.
If you decide not to comply with the 60 day notice and your landlord sues to evict you, you should talk to an attorney, or a registered non-attorney unlawful detainer assistant, and do it fast. In most of these suits, you will have only five days to answer the complaint or a decision may be entered against you without an opportunity to defend the eviction in court. If you don't respond, (or if you respond and lose), you may find the sheriff or marshall will remove you from the premises after giving you a final five day notice to leave called a Writ of Execution. Keep in mind that Unlawful Detainer suits, although masked/withheld form creditors by the court for 60 days, eventually find their way on to your personal credit record.

Call PPSC, Fair Housing if you have questions 765-8488 or admin@petalumapeople.org