Foreclosure in San Francisco>Question Details

, Other/Just Looking in Oakland, CA

Tenents rights

Asked by , Oakland, CA Tue Oct 7, 2008

The home in question is a forclosure.The tenents still reside there,one of them is trying to evict a tenent. Does he have any rights as a tenent,not a landlord,to do that?

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The bank may honor the contract, but I would recommend looking for a new place to rent.
0 votes Thank Flag Link Tue May 26, 2015
I got locked out of my apt on accident I did not have a spare key and I called the landlord to see if he would be able to open the door he comes down from his house and openned the door then he said I had to pay him $25.00 he has never done this before. He also put a new sink in my bathroom on Sat when he was done he said hes going to raise the rent as well He just raised it in May now 2 minths later he wants to raise it again. He says I should look for a new place to live he always says that to me. I have been here for 15 years and its not fair. Hes beibng a total ass to me. Can he do this to me?
0 votes Thank Flag Link Wed Jul 18, 2012
Tenant's rights are very complex. The tenant trying to do an "eviction" of another tenant may just have a sub lease arrangement with the first tenant. That wouldn't actually be an eviction. My suggestion is to get the book "Tenant Law" by Nolo Press. That has all of the tenant law for the state of California.
0 votes Thank Flag Link Wed Oct 8, 2008
Whenever you have a question regarding tenants rights, you should call the hotline and ask them directly. Call either the S.F. rental board or the S.F renters hotline. I'm sorry I can't remember which it is. Just call 411.


Dave Tapper
Web Reference:
0 votes Thank Flag Link Wed Oct 8, 2008
Hi Kym,

It might be helpful if you could clarify the situation. The increase in foreclosures has had an affect on renters throughout the Bay Area. Different cities have different tenant laws. In Oakland there is a Just Cause Eviction Law called Mesure EE. If the property in question is being foreclosed upon, the tenants may be contacted directly from the bank regarding moving out of the property. If the property is in or is already foreclosed upon, the landlord cannot evict a tenant based on foreclosure and must follow local laws and ordinances.

If you could clarify the situation it would help to provide better information. You can also contact the Oakland Rent Control Board at:

Also since this question was posted in the San Francisco area and it is not clear if you are speaking of San Francisco or Oakland the SF Rent Control Board website is located at

I would suggest making contact with the local rent control board to discuss your situation.

Hope this helps! If you have any other questions feel free to contact me.


Lisa Cartolano
Alain Pinel Realtors
0 votes Thank Flag Link Tue Oct 7, 2008
Hi Kymlopez;
I don't quite understand your question. Do you mean that one of the tenants is trying to evict a person who is subletting the place from him i.e. one tenent is trying to evict another tenant?
0 votes Thank Flag Link Tue Oct 7, 2008
After the foreclosure, the banks require all properties to be vacant. They will begin eviction proceedings right away. In a case liuke this the tenant does not have any rights as there is no way to cure or remedy the eviction (to stop it). The tenants best bet is to ask for a cash for keys agreement from the bank. The bank will give you 14-30 days to vacate, you leave the property clean and free of belongings an dthey pay you from $500 to $1000 when you move it. At least you get something to help you move. Good luck.
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0 votes Thank Flag Link Tue Oct 7, 2008
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