Cal. Civ. Code § 55.1-1237

Notice to tenant in event of foreclosure.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaRequired DisclosuresNotice to Quit/Terminate

Operative Text

Cal. Civ. Code § 55.1-1237
A. The landlord of a dwelling unit used as a single-family residence shall give written notice to the tenant or any prospective tenant of such dwelling unit that the landlord has received a notice of a mortgage default, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord. This requirement shall not apply (i) to any managing agent who does not receive a copy of such written notice from the lender or (ii) if the tenant or prospective tenant provides a copy of the written notice from the lender to the landlord or the managing agent.
B. If the landlord fails to provide the notice required by this section, the tenant shall have the right to terminate the rental agreement upon written notice to the landlord at least five business days prior to the effective date of termination. If the tenant terminates the rental agreement, the landlord shall make disposition of the tenant's security deposit in accordance with law or the provisions of the rental agreement, whichever is applicable.
C. If the dwelling unit is foreclosed upon and there is a tenant in such dwelling unit on the date of the foreclosure sale, the successor in interest who acquires the dwelling unit at the foreclosure sale shall assume such interest subject to the following:
1. If the successor in interest acquires the dwelling unit for the purpose of occupying such unit as his primary residence, the successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202 , notifying the tenant that the rental agreement is terminated and that the tenant must vacate the dwelling unit on a date not less than 90 days after the date of such written notice.
2. If the successor in interest acquires the dwelling unit for any other purpose, the successor in interest shall acquire the dwelling unit subject to the rental agreement and the tenant shall be permitted to occupy the dwelling unit for the remaining term of the lease, provided, however, that the successor in interest may terminate the rental agreement pursuant to § 55.1-1245 or the terms of the rental agreement. The successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202 , informing the tenant of such.
The terms of the terminated rental agreement remain in effect except that the tenant shall make rental payments (i) to the successor owner as directed in a written notice to the tenant in this subsection; (ii) to the managing agent of the owner, if any, or successor owner; or (iii) into a court escrow account pursuant to the provisions of § 55.1-1244 ; however, there is no obligation of a tenant to file a tenant's assertion and pay rent into escrow. Where there is not a managing agent designated in the rental agreement, the tenant shall remain obligated for payment of the rent but shall not be held to be delinquent or assessed a late charge until the successor owner provides written notice identifying the name, address, and telephone number of the party to which the rent should be paid.
Source: Legislative text reproduced verbatim
Plain English

Va. Code § 55.1-1237 governs what must happen when a single-family rental home faces mortgage default, acceleration, or foreclosure. The original landlord must notify the tenant in writing within five business days of receiving a lender's default or foreclosure notice. If the property is sold at foreclosure, the new owner's rights depend on whether they intend to live there: if so, they must give at least 90 days' written notice before the tenant must vacate; if not, the existing lease generally continues in force.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1237, landlords of single-family rentals who receive a written notice of mortgage default, acceleration, or foreclosure sale must pass that notice along to the tenant in writing within five business days. Operators who acquire a foreclosed property should promptly determine their intended use and provide the appropriate written notice to any existing tenant—either the 90-day vacate notice for owner-occupancy or confirmation that the lease continues. Compliant successor owners also provide tenants with written payment instructions that include the name, address, and telephone number of the party to whom rent should be directed.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1237 gives tenants of single-family rentals the right to receive timely written notice if their landlord has been notified of a mortgage default or foreclosure. If that notice is not provided, tenants may have the right to terminate the rental agreement by giving at least five business days' written notice to the landlord. Tenants whose home is sold at foreclosure may wish to review the successor owner's written notice carefully and consult a tenant-rights organization to understand their options regarding lease continuation or the 90-day vacate timeline.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

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§ 535-X-10-.04
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Source Information

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