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I live in the home but I am not named in the eviction. Can I stay?

You may be able to claim a right to stay. Before the judge decides the case, you can file a Prejudgment Claim of Right to Possession, form CP10.5. The usual deadline is 10 days from the date it was served. But if you are a tenant and your landlord lost the home to foreclosure, you can file it any time before judgment. After judgment, form CP10 may still get you a hearing.

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

Who can use these forms?

The court forms say all of these must be true:

  • Your name is not on the eviction Summons and Complaint (or, for form CP10, on the Writ of Possession).
  • You lived in the home on or before the day the eviction case was filed. That date is on the court papers.
  • You still live there.
  • You were at least 18 years old on the day the case was filed.

This can include tenants, roommates, and adult family members.

What happens if you do nothing?

If you do not file a claim, you can be evicted along with the people named in the case, without any more hearing or notice. The good news: if you do not join the case and you move out, the eviction will not show up on your record.

How does form CP10.5 work before judgment?

A blank CP10.5 may be delivered with the eviction papers. If so, the date of service is written on it.

  • Usual deadline: 10 days from the date of service on the form.
  • Foreclosure exception: if you are a tenant being evicted after your landlord lost the home to foreclosure, the 10-day deadline does not apply. You may file any time before judgment.
  • File it at the court where the eviction case was filed. You must pay the filing fee or file a fee waiver request, or your claim will not count.
  • Once filed, you become a defendant in the case. You then have 5 days, not counting court holidays, to file a response to the Summons and Complaint. See our guide on how to answer an eviction lawsuit.
  • You sign under penalty of perjury, so every fact must be true.

Think it through: if you join the case and lose, you may owe rent and court costs, and the eviction can stay in the court record for up to 7 years. Talk to legal aid before you decide.

What if the judge already decided? Form CP10

After judgment, the sheriff or marshal posts a Writ of Possession. You may use form CP10 if no CP10.5 was served with the eviction papers, or if the eviction comes after a foreclosure.

  • Give the completed form to the sheriff or marshal. You can bring it to their office before the eviction date, or hand it to the officer who comes to the home at the time of the eviction.
  • Within 2 court days, take a copy of the form or the officer's receipt to the court, with the filing fee or a fee waiver request. If you do not, the court will deny your claim.
  • The court sets a hearing right away unless you deposit an amount equal to 15 days' rent.
  • Go to the hearing. If you do not show up, you will be evicted without another hearing.
  • Do not take the form to the court before you give it to the sheriff or marshal.

What rights do tenants have after a foreclosure?

  • Most tenants get at least 90 days' written notice before they must move.
  • A fixed-term lease is generally honored, unless the new owner will live in the home. Then you still get 90 days' notice.
  • The new owner cannot change the locks without a court order.
  • Under federal law, some protections cover only "bona fide" tenants. You may not count if you are the former owner's child, spouse, or parent, if the rental was not an arm's-length deal, or if your rent was far below market. Ask legal aid if this applies to you.
  • Some cities and counties give tenants more protection. See our guide for renters in a foreclosed home.

Where can you get help fast?

  • Tenants Together tenant rights call-back line: 1-888-495-8020.
  • Free legal aid at LawHelpCA.org, or your court's self-help center.
  • Ashlar LDA is a registered Unlawful Detainer Assistant (No. 2026134816, Los Angeles County). We can prepare these forms at your direction, for a price you know up front. We are not lawyers and cannot give legal advice, so we recommend legal aid or a lawyer for advice. Learn more on our how we help page.

General information, not legal advice. Sources: Judicial Council forms CP10.5 (revised June 15, 2015) and CP10 (revised July 1, 2017); California Code of Civil Procedure sections 415.46, 715.010, 715.020, 1161b, 1174.25, and 1174.3; federal Protecting Tenants at Foreclosure Act; California Courts Self-Help Guide pages on tenants' rights in a foreclosure and occupants not on the lease.

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