Need Advise about Foreclosure on a property with tenant?

Question

Property is a Duplex in California (no rent control), sale date was recently posted for next month. Problem is I have tenants occupying the property..Tenant # 1 pays on time and she needs 60 days to move out. But sale is next month. Can she stay that long? Also, tenant # 2 didn't pay for nearly 2 months. should i give 3 day or quit or 30 day notice ? My top concern is they might just get locked out one day without notice, besides, sale date is less than a month away. I've advised them to move out verbally since I don't want to evict them but they haven't moved out. any advise would be great.. if the property is auctioned when is the property supposed to be vacated ?

Answer 1

Seems like with foreclosures skyrocketing, this question is posted no less than twice a day on Yahoo! Answers.

It's admirable that you are asking the question, but you should have informed them sooner.

They need to be out by the date of the sale...the bank won't allow them to stay loner b/c you no longer have legal control of the property.

The lease DOES NOT transfer to the new owner during a FORECLOSURE.

They also, don't have a legal right to stay here b/c the foreclosure action, terminated their lease with you.

You can't even evict the tenant now, because as soon as you got the notice of sale, the Trustee that was assigned by the bank to handle your foreclosure account, assumed FULL LEGAL CONTROL of the property.

They won't be locked out before the sale date, but ON the sale date, they will.

Answer 2

I don't think the new owner can do that..there are laws..I was in the same boat..did you tell your tennants?  a foreclosure takes months to complete...or did you just keep collecting rent and not tell them?..you need to tell the bank that there is a tennant in your place..The new owner may want to keep the tennant...as for the tennant who didnt pay...tough luck...