Mortgages and deeds of trust: foreclosure: tenants in possession of property.

Existing law governs foreclosure proceedings, including requiring specified notice to residents of property subject to a foreclosure sale. Existing law also governs residential tenancies. This bill would, until January 1, 2013, limit the authority of an owner to terminate a tenancy of a qualified rental unit, which would be defined as real property that is rented or leased for residential purposes whose owner acquired the property as a result of a default on a mortgage, as specified. The bill would provide that, if the term of the tenancy has not been specified by the parties or is terminable at will, the owner shall not terminate the tenancy sooner than 90 days having passed after acquiring ownership. The bill would provide that, if the term of the tenancy has been specified by the parties, the owner shall not terminate the tenancy until the end of the remaining term of the tenancy, but not sooner than 90 days having passed after acquiring ownership. The bill would provide that these limitations do not apply in certain circumstances, including when a tenant has failed to pay rent or has violated a condition of the tenancy, as described. The bill would also provide that a landlord who violates this provision would be liable to the tenant in a civil action for actual damages and a fine not to exceed $100 for each day the landlord remains in violation of this provision, but not less than $250 for each separate cause of action. The bill would authorize a tenant to seek injunctive relief, as specified.