90-Day Notice After Foreclosure: Tenant Rights in California
You paid your rent on time every month. Then a stranger knocks on the door, or a notice shows up taped to it, saying the house was sold at a foreclosure auction and you need to leave. It feels unfair because it is: your landlord lost the property, not you. The good news is that California and federal law give renters real protection against a quick eviction after foreclosure. In most cases, you're entitled to at least 90 days' written notice, and sometimes you can stay until your lease ends.
This guide explains who is protected, what the new owner has to do, and the mistakes to avoid while you figure out your next move.
Eviction After Foreclosure: Why Renters Get 90 Days
Two laws work together to protect renters in a foreclosed home:
- California Code of Civil Procedure §1161b requires the new owner to give a tenant at least 90 days' written notice to quit after a foreclosure sale before starting an eviction.
- The federal Protecting Tenants at Foreclosure Act (PTFA) sets a nationwide 90-day minimum for "bona fide" tenants. The PTFA expired at the end of 2014, but Congress restored it and made it permanent in 2018.
Where both laws apply, the new owner has to follow whichever gives you more protection. It doesn't matter whether the buyer is a bank, an investor, or an individual who bought at the auction. The protections follow the property.
Month-to-Month Tenants vs Tenants With a Lease
If you rent month to month
If you were a month-to-month tenant when the house was sold, the new owner generally must give you a written 90-day notice to quit. The 90 days are calendar days. Until that period ends, the new owner cannot file an eviction case against you based on the foreclosure.
If you have a fixed-term lease
If you signed a lease before the foreclosure sale, California law generally lets you stay until the lease term ends. Your lease survives the sale, and the new owner steps into your old landlord's shoes.
There are exceptions. The new owner can end the lease early, with at least 90 days' notice, if the buyer will live in the home as their primary residence. A lease also may not be protected if:
- The tenant is the former owner (the borrower), or that person's spouse, child, or parent.
- The lease wasn't the result of an arm's-length deal, meaning it wasn't a normal rental between unrelated parties.
- The rent is substantially below fair market rent, unless the low rent comes from a government subsidy or a legal rent limit.
Under §1161b, the new owner carries the burden of proving that one of these exceptions applies. You don't have to prove your lease is real; they have to prove it isn't protected.
Who Is Not Protected
The 90-day rule protects genuine renters. It generally doesn't cover:
- The former owner who lost the home. A former owner who stays after a trustee sale can be served a much shorter notice. If that's you, read the difference between an eviction and a foreclosure and talk to someone right away.
- Someone living with the former owner in the same home, such as a roommate or relative renting a room while the owner still lives there.
If you aren't sure which group you fall into, don't guess. The answer controls how much time you have.
What to Do When You Learn the Home Was Foreclosed
- Find your lease and proof of rent payments. Bank records, money order stubs, and receipts show you're a real tenant, which matters under both state and federal law.
- Read every notice carefully. Look at the date, the number of days given, and who signed it. A 3-day or 30-day notice given to a renter after a foreclosure is a red flag.
- Find out who owns the property now. The new owner or their agent should tell you. You can also check the county recorder's office for the recorded trustee's deed.
- Keep paying rent, to the right person. Once you get written notice of the new owner and where to pay, pay them and keep proof. Stopping rent can give the new owner a separate reason to evict.
- Don't sign anything you don't understand. New owners often offer "cash for keys," money to move out early. That can be a fair deal, but read it first. Our guide to cash for keys in California explains what to look for.
- Get your notice reviewed before the deadline. Request a free case review.
Other Protections That May Still Apply
Just cause and local rent rules
A foreclosure doesn't automatically wipe out other tenant protections. Depending on your unit and your city, the Tenant Protection Act or a local rent ordinance (such as those in Los Angeles or Oakland) may still limit why and how a new owner can end your tenancy. See your rights under the California Tenant Protection Act for the basics.
Section 8 tenants
If you have a housing voucher, your lease and the housing agency's contract may give you added protection. Contact your housing authority caseworker as soon as you learn about the foreclosure.
Chances to buy after some trustee sales
California law (starting with SB 1079 and later amended) gives tenants and certain other "eligible bidders" a chance to buy some one-to-four unit homes after a trustee sale. The rules and deadlines are detailed and strict, so if you're interested, act fast and confirm the current requirements.
If the New Owner Files an Eviction Case
If the new owner files an unlawful detainer case, you'll be served with a Summons and Complaint. You have 10 court days after personal service, not counting weekends and court holidays, to file a written Answer, usually on form UD-105. If you miss that deadline, the owner can get a default judgment and a sheriff lockout can follow quickly.
In your Answer, you can raise problems such as a notice that gave fewer than 90 days, or a lease that should have been honored. Our guide on responding to an unlawful detainer in California explains each step, and how long an eviction takes in California gives you the full timeline. If you've already reached the lockout stage, read about the 5-day sheriff lockout notice.
Never ignore court papers, even if you believe the eviction is illegal. The court won't know about your rights unless you raise them on time.
A Note for Homeowners
If you're the owner of a rental property that's in foreclosure, your tenants' rights will affect any sale or short sale, and you may still have options before the trustee sale. Visit our foreclosure help page or read about how to stop a trustee sale in California.
For more on eviction notices of every kind, visit our eviction notice help page.
Frequently Asked Questions
How much notice does a tenant get after a foreclosure in California?
Most renters get at least 90 days' written notice before the new owner can start an eviction, under both California law (CCP §1161b) and the federal Protecting Tenants at Foreclosure Act. Tenants with a fixed-term lease may be able to stay until the lease ends.
Can the new owner cancel my lease after foreclosure?
Generally only in limited cases. If the buyer will live in the home as a primary residence, they can end the lease with at least 90 days' notice. A lease may also not be protected if the tenant is the former owner or a close relative, the lease wasn't an arm's-length deal, or the rent is far below market without a subsidy.
Do I still have to pay rent after the house is foreclosed?
Yes. Once you receive written notice of who the new owner is and where to pay, you should pay them and keep proof. Not paying rent can give the new owner a separate reason to evict you.
I got a 3-day notice after the foreclosure. Is that legal?
A short notice like that is usually meant for the former owner, not a renter. If you're a genuine tenant, you're generally entitled to at least 90 days. Get the notice reviewed quickly so you don't miss any deadline.
Does the 90-day rule apply if a bank owns the house now?
Yes. The protections apply whether the new owner is a bank, an investor, or an individual buyer.
Should I take a cash-for-keys offer?
It depends on the amount, the move-out date, and what rights you'd be giving up. Read the agreement carefully and compare it with the time you're entitled to under the law before you sign.
Eviction Defender is not a law firm and does not provide legal advice. This article is general information about California law as of 2026.
Renting a Home That Was Foreclosed?
You may have more time than the new owner is telling you. Eviction Defender offers a free case review and document preparation help for California tenants facing eviction after foreclosure. Call (818) 307-1308.
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