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Is the Forclosure notice the tennant Eviction

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Azie

Junior Member
CA

I live in a condo that is up for forclosure sale next week. I am not the owner of the condo. Does someone have to go through regular eviction notice or do I have to be out by the sale time.
Any help would be appreciated...I need a little time to get a place. I know the forclosure sale because of a posted date on the door. Is that my legal notice of eviction as well.
 


I AM ALWAYS LIABLE

Senior Member
Azie said:
CA

I live in a condo that is up for forclosure sale next week. I am not the owner of the condo. Does someone have to go through regular eviction notice or do I have to be out by the sale time.
Any help would be appreciated...I need a little time to get a place. I know the forclosure sale because of a posted date on the door. Is that my legal notice of eviction as well.

My response:

A sale of the premises has nothing whatever to do with "eviction". All it means is that the new owner becomes your landlord. If you have a written lease, you're entitled to stay on the premises throughout your lease, and the new owner takes ownership of the property with all encumbrances attached to the premises; e.g., you and your lease.

If the new owner wants you out, he can either buy out your lease, or wait for your lease to expire, or wait until you've breached the lease agreement and then start eviction proceedings.

But, as long as you're obeying and in compliance with your written lease, you're entitled to stay until it expires.

CAVEAT: Read your lease. The lessor may have made the tenancy term subject to the landlord's intervening sale of the premises. In this event, the sale works an immediate termination of the tenancy per the terms of the lease; if the tenant refuses to vacate, the successor may bring an action for unlawful detainer. [Dover Mobile Estates v. Fiber Form Products, Inc. (1990) 220 Cal.App.3d 1494, 270 Cal.Rptr. 183 (foreclosure sale)]


IAAL
 
Last edited:

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