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Renters and Foreclosure

What should I do if my landlord is facing foreclosure?

 

Learn about your rights as a tenant. Find out what steps to take if your landlord loses your home in a foreclosure. Contact the local county recorder's office for the name of the new owner. Make sure that you respond to any eviction notices or other court documents. 

Renters in Foreclosure Toolkit

This toolkit from the National Low Income Housing Coalition (NLIHC) includes information about the new federal protections for renters that were signed into law on May 20, 2009. With limited exceptions, tenants with leases must be permitted to occupy the property until the end of their lease terms. At a minimum, tenants must receive 90 days' notice prior to eviction. The law also addresses the rights of Section 8 tenants living in properties undergoing foreclosure. Use this toolkit to help draft letters to your landlord.

Tenants' Rights in Foreclosed On Properties

This document prepared by Housing and Economic Rights Advocates (HERA) informs tenants of their rights and steps to take when the property that they are renting has been foreclosed on.

County Recorder Contact Information

This is a link to a State of California website that contains links to contact information for the county recorder for all of California's 58 counties. At the county recorder's office, you can see who is the new owner of the property you are renting.

Forms to Respond to a Summons and Complaint Eviction Notice

This is a link to the State of California Judicial Council and Administrative Office of the Court forms. Choose "Unlawful Detainer (Landlord/Tenant)" from the drop down menu. After being served with a Summons and Complaint by the property owner you must file a response with the court.

I-CAN! Online Court Form: Unlawful Detainer -- Answer to Complaint

If you have been served with some papers from your Landlord called Complaint- Unlawful Detainer UD-100, a lawsuit has been filed against you in Court for nonpayment of rent. You will need to respond to the Court and have your case heard so a decision can be made. If you do not respond you will be evicted.  I-CAN! will fill out the forms for you by asking you simple questions and putting your answers on the court forms in the correct place.

 

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