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My landlord's home was foreclosed. Do I have to move?

Not right away. Qualifying renters generally get at least 90 days' written notice before they have to move, and some fixed-term leases continue after the foreclosure, generally unless the new owner will live in the home. Exceptions apply. The new owner cannot change your locks without a court order. Keep paying rent, read every notice, and get free help early.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

How much notice do I get?

Both California law and a federal law, the Protecting Tenants at Foreclosure Act, protect renters after a foreclosure sale.

  • If you rent month to month, the new owner can offer you a new rental agreement, or end your tenancy with at least 90 days' written notice.
  • If you live in the home with the landlord who lost it, the new owner can end your rental agreement, but must give you at least 90 days' notice.
  • You must get a written notice before you are asked to leave.

Will the new owner honor my lease?

If you have a fixed-term lease, such as one year, the new owner generally must honor it until it ends. The main exception is when the new owner plans to live in the home as their main home. Then you will likely have to leave, but you still have the right to 90 days' notice. Show your lease to the new owner. Under California law, the new owner must prove a lease is not protected.

Who counts as a protected tenant?

These protections are for real, arm's-length renters. Under the federal law, you generally are not covered if:

  • You are the borrower on the loan, or the borrower's child, spouse, or parent.
  • Your lease was not a normal, arm's-length deal.
  • Your rent is far below market, unless it is subsidized or lowered by law.

Former owners have different, shorter rules, such as a possible 3-day notice to quit, and should not assume the renter notice periods apply to them. If that is you, read After the Auction: What Happens Next.

Can I get more protection?

  • Under California's Tenant Protection Act of 2019, a foreclosure by itself may not be "just cause" to evict you, depending on how long you have lived there and the kind of home you rent.
  • You may have a right to relocation help equal to one month's rent.
  • There are exceptions, for example if you have lived there less than 12 months, the new owner is moving in, or an individual owns a single-family home or condo and gave you a notice of exemption.
  • Some cities and counties have stronger rules. Contact a local tenant rights group to see if you can stay.

Who do I pay rent to now?

  • Keep paying rent on time to the new owner or property manager. Not paying could give them a legal reason to evict you.
  • Check that the person asking for rent is really the legal owner. Scammers pretend to be new owners.
  • If you have not gotten a notice from the new owner, set the rent aside so you can pay it as soon as you do. Ask in writing if you are not sure.
  • If your old landlord did not return your security deposit, the new owner must return it.

What if I get eviction court papers?

  • The new owner cannot lock you out. They must go through a court eviction case, called an unlawful detainer.
  • If you are named in the papers, you usually have 10 court days to file a response, called an Answer. Read how to answer an eviction after foreclosure.
  • If you are not named, you can file a Prejudgment Claim of Right to Possession (form CP10.5). A tenant whose landlord lost the home to foreclosure may file it any time before judgment. Read your right to stay if you are not named.

Could I buy the home?

Maybe. For many 1 to 4 unit homes, a California law called SB 1079 lets eligible tenants match the winning auction bid within short deadlines. See our SB 1079 guide.

Where can I get free help?

General information, not legal advice. Local rules may give you more protection. Sources: California Code of Civil Procedure sections 1161a, 1161b, and 1167; California Civil Code section 2924m; the federal Protecting Tenants at Foreclosure Act (HUD federal housing laws compilation, June 2025); California Courts Self-Help Guide, "Tenants' rights in a foreclosure" (checked October 2026).

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