summary
Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
09/25/2012
09/25/2012
Introduced Session
2011-2012 Regular Session
Bill Summary
An act to amend Section 2924.8 of the Civil Code, and to amend Sections 415.46 and 1161b of the Code of Civil Procedure, relating to tenants.
AI Summary
This bill aims to provide greater protections for tenants in properties undergoing foreclosure. It mandates that when a notice of foreclosure sale is posted, a specific notice in English and other languages must also be posted and mailed to residents, informing them about the foreclosure process, their potential rights to stay in their homes, and the possibility of a new owner honoring existing leases or requiring a 90-day eviction notice. The bill also clarifies procedures for serving legal documents, such as a "prejudgment claim of right to possession," to all occupants of a property during an unlawful detainer action (a legal process to evict tenants), ensuring that all individuals with a claim to occupy the premises are properly notified. Furthermore, it establishes that tenants or subtenants with a month-to-month lease or a fixed-term lease entered into before the foreclosure sale generally have a right to remain in their homes for 90 days after the sale or until the end of their lease term, respectively, with specific exceptions for situations like the new owner occupying the property as a primary residence. The bill also clarifies that these protections do not override local "just cause for eviction" ordinances.
Committee Categories
Budget and Finance, Housing and Urban Affairs, Justice
Sponsors (7)
Mark DeSaulnier (D)*,
Nancy Skinner (D)*,
Wilmer Carter (D),
Ellen Corbett (D),
Loni Hancock (D),
Mark Leno (D),
Fran Pavley (D),
Last Action
Chaptered by Secretary of State - Chapter 562, Statutes of 2012. (on 09/25/2012)
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