California Court of Appeal

In a suit brought by plaintiff-tenants against defendant-bank following foreclosure of property in which plaintiffs had been renting a converted garage, summary judgment for defendants is reversed and remanded, where: 1) the Protecting Tenants Against Foreclosure Act of 2009 causes a bona fide lease for a term to survive foreclosure through the end of the lease term subject to the limited authority of the immediate successor in interest to terminate the lease, with proper notice, upon sale to a purchaser who intends to occupy the unit as a primary residence; 2) the Act impliedly overrides state laws that provide less protection but expressly allows states to retain the authority to enact greater protections; and 3) bona fide tenancies for a term that continue by operation of the Act remain protected by California law.

Appellate Information

• Decided 01/23/2014
• Published 01/23/2014

Judges

• ELIA

Court

• California Court of Appeal

Counsel