Foreclosure – landlord/tenant

The owner has defualted on the house which I rent in California and it is being sold at auction. Do I get back my security deposit? Do I have to move?

Asked on June 11, 2009 under Real Estate Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not get back your security deposit, though you are entitled to it minus some things.  Plus I believe you may be able to qualify for a certain amount to move under the Fair Housing Act.

You should contact your city attorney's office for more information.  And yes, if the new owner wants you to move, he or she doesn't have to honor the old lease.

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