California’s Tenants Together Taking on Post-Foreclosure Eviction Notices

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Tenants Together, a nonprofit organization dedicated to defending and advancing the rights of California tenants to safe, decent and affordable housing, is urging renters to contest foreclosure evictions. The organization is arguing that many post-foreclosure eviction notices issued to tenants are invalid under California law, according to a new ruling by an Alameda County Superior Court judge.

According to California law eviction notices must unambiguously terminate tenancy upon expiration of a time period specified in the notice.

Per Dean Preston, Executive Director of Tenants Together, “Banks across the board have failed to comply with this basic requirement of California law when terminating tenancies after foreclosure. These notices are incomprehensible. They don’t clearly state when the tenant is expected to move out. Tenants who received these notices should get legal help and consider contesting these evictions.”

  

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Recently, a tenant residing in Oakland, CA filed a motion to dismiss against an eviction lawsuit brought by Aurora Loan Services LLC. The tenant argued the notice to quit was uncertain and confusing because it referenced several timeframes and failed to unambiguously terminate tenancy at a particular time. The court found in favor of the tenant.

The East Bay Community Law Center (EBCLC) staff attorney, Marc Janowitz, who argued the case said, “an unclear eviction notice is an invalid eviction notice. It is not the tenant’s job to figure out what the landlord is trying to tell them to do. We see a lot of these confusing notices after foreclosures.”