Recent Developments in Landlord/Tenant Law
* Civil Code § 1946.1- has been made permanent. This law requires that in order to terminate a residential tenancy of one year or more, the owner must provide the tenant with at least 60 days written notice. Only 30 days notice is required if the tenant has lived in the property for less than one year. Tenants may terminate by giving written notice “for as long as the period of the tenancy prior to the date of proposed termination.”
* Protecting Tenants At Foreclosure Act - effective nationwide on May 20, 2009, purchasers at a foreclosure sale who want to evict a bona fide residential tenant must provide the tenant with at least 90 days notice. If the bona fide tenant resided in the premises under a lease, the foreclosure purchaser must honor the lease, unless the purchaser intends to occupy the unit as a primary residence. (This law will automatically repeal on December 31, 2012.)
* SB 1137 – effective July 8, 2008, a tenant or subtenant in possession of a rental housing unit that has been sold through foreclosure is entitled to a 60-day written notice to quit, not just 30 days. [C.C.P. § 1161b] This new law does not affect rent-controlled tenancies where the tenants are entitled to keep renting on the same terms as before and the foreclosure purchaser cannot evict without “just cause.”
Under this new law the lender, trustee, or authorized agent posting a notice of foreclosure sale must also post and mail notice of the tenant's right to a 60-day eviction notice from the new owner. This requirement to notify tenants of their rights applies to loans secured by residential real property where the borrower has a billing address other than the subject property.