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HCS/HBs 836 & 753 - In cases where a foreclosed property is occupied by a residential tenant whose lease is not void due to certain illegal uses of the premises, the new owner of the property must give the tenant notice that the foreclosure sale has occurred, that they are the new owner of the property, that the tenant has ten days from the date of the notice to vacate the premises, and that rent in an amount equal to the tenant's previous rent, or a lesser amount of rent as specified by the new owner, must be paid to the new owner. No unlawful detainer action or other action seeking possession of the premises may begin against the tenant until ten days after the date the tenant is given notice that the foreclosure sale occurred. A tenant is not guilty of unlawful detainer until they have received written notice that the foreclosure sale has occurred and either their lease is void due to engaging in certain illegal uses of the premises, or it has been at least ten days after the date of the foreclosure sale. The written notice to the tenant must be sent by certified or registered mail. If the new owner does not know the name of the tenant, the notice must be sent by regular mail. The written notice must also be posted on the door of the premises. The written notice shall include specific language set forth in the statute. EMILY KALMER
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