Unfortunately yes, the landlord can legally evict you for non-payment of the rent even if they are in default. I wouldnt pay too much attention to the substitution, it doesnt really mean anything to you. you want to watch for the notice of trustee sale. once that is filed you have the option of terminating your lease and moving immediately without recourse from the landlord. you can also choose to stay (as long as the rent is paid) and if the foreclosure is completed the new owner is required to give you at least 90 days notice to vacate in most cases. - Fri Nov 13 2009, 20:36