Tenant rights during foreclosure & eviction?

[SLove1106]

Long story short...

Dan, my boyfriend is a tenant in a home owned by a lady named Jan.

Two weeks ago, Jan notified Dan that she "just found out" her house is under foreclosure. Soon enough, Dan and the other tenant find out the process started in April, and they are soon to be evicted. This was two weeks ago. Come last Friday, an eviction notice was served by the sheriff to vacate by this Wednesday. (Two days from today) This all happened in two weeks. Jan states she was unaware of the entire deal (how do you NOT know your house is being foreclosed???)

Anyway, that part is not important. What's important is... is there anything Dan can do to buy a little more time? We move into our new apartment on Sunday the 10th, but he has to be out by Wednesday. Everything happened so quick. Does he and the other tenant HAVE TO vacate or is there something they can do since this was just thrown at them all of a sudden? Apparently Jan is at the END of the foreclosure process as they were already served eviction papers, but the tenants did NOT have notice but the two weeks... What are their rights and options? Thank you!

 

[jacksgal]

An "eviction" is a court proceeding. Unless the tenant had a court date this was not an eviction. The bank likely does not wish to be a landlord so wants tenant out. The "must follow" CA guidelines for removal of tenant. Since it appears there is no violation like failure topay rent they must give tenant a 30 day notice to vacate is living there less than one year or a 60 day notice to vacte if there over one year. If the new owner wants them out sooner they can offer a "cash for keys" deal. Now I did not see but does tenant have a lease? If so when does it expire?

 

[foreclosureus1]

Security deposit should be in a escrow account, and should be refund to you, or possibly transfer to the new owner.
Your lease is a contract and the new owner will have to honor it. They probably will want you to stay, the foreclouse process doesn't effect you lease, the new owners this is mostly likely and investment to them.