Upcoming Foreclosures

If a rental went into foreclosure and the new owner wants me to leave, legally what are my rights?

So, my friend rented a room from a homeowner and paid 2 months up front and a deposit (11-1-09) and then the owner moved out on 11-12-09 and some man came over on 11-19-09 and said I needed to move and that he bought the house (which was supposedly in foreclosure). I contacted fair housing and they are saying that he needs to uphold the lease, which is a year. Now the new owner- who has shown me no paperwork- keeps coming over and is now harrassing her and the other roommate. My friend is a single mom of a 5yr old and the other tenant is an elderly disabled woman. What does she do legally? This man is threatening to kick the door in and change the locks. We are in California so I know that rental laws are in place to protect the renter but who do you call?

Public Comments

1. First he must prove to you that he is the legal owner. If he can't call the police and have him removed. Since you have a lease you have the right to stay in the property until your lease expires. Before May 20, 2009, most renters lost their leases upon foreclosure. The rule in most states was that if the mortgage was recorded before the lease was signed, a foreclosure wiped out the lease (this rule is known as "first in time, first in right"). Because most leases last no longer than a year, it was all too common for the mortgage to predate the lease and destroy it upon foreclosure. These rules changed dramatically on May 20, 2009, when President Obama signed the "Protecting Tenants at Foreclosure Act of 2009." This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).
2. I don't know what the law is regarding leases and foreclosures, but I do know that landlords cannot just boot someone out and change the locks. You'd be totally lucky he did that because you can file suit against him for breaking laws. To boot you out legally, this landlord must file a Complaint of Unlawful Detainer and have you served with it. You then have 5 days to file a response with the court. You file in writing that you leased from the previous owner and provide a copy of your lease. A court date will then be set and a judge will hear the case. If decided against you, it will take another week before the sheriff comes by and physically kicks you out. Bottom line, you've got 3 to 4 weeks from the date the complaint is filed until you are removed, and only if the judge rules against you. Back when I was a landlord, the Legal Aid Society would always help my low income tenants avoid an eviction they justly deserved, or at least draw it out for another couple of weeks. Contact them. Let them do some Good Work for a change. I think you also need to consider the very real possibility that the guy who rented the place to you wasn't the legal owner at the time he rented it to you.