In California, over a third of all homes in foreclosure are rentals, and more than 77,000 rental units foreclosed in 2009 alone, according to a report by Tenants Together, a statewide tenants' rights group. Lenders, loan servicers and private investors sometimes harass tenants whose homes are in foreclosure. Scare tactics include asking tenants to leave without a just cause for eviction, changing the locks and shutting off utilities. Tenants in California are protected during foreclosure by federal, state and local laws.
Stay in Your Home! Tenants have the right to stay in their home during foreclosure until their lease ends. Foreclosure proceedings are not a just cause for evicting a tenant. If a just cause for eviction is filed, tenants have the right to stay in their home for at least 90 days after an eviction notice.
Notification! Tenants have the right to be notified if their home is in foreclosure. The California Foreclosure Bill of 2008 requires lenders to provide the tenants of homes in foreclosure a plain language notice explaining their rights. Previously, tenants would often not realize their home was in foreclosure until the foreclosure sale notice was pinned to their front door.
Utilities! Tenants have the right to basic utilities, such as water and electricity. Utility companies must inform tenants of shutoffs so that they have time to contract utilities in their own name. Tenants can then deduct the cost of utilities from their rental payments.
Rent Ordinances! Cities with rent ordinances, such as San Francisco, Santa Monica and Palm Springs, provide additional rights to tenants. For example, the San Francisco rent ordinance of April 25, 2010, declares that a foreclosure is not a just cause for evicting a tenant.
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