Cal. Civ. Code § 9-207.5
Termination of bona fide leases in residential real estate in foreclosure
Operative Text
Termination of bona fide leases in residential real estate in foreclosure. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. (b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy a dwelling unit of the residential real estate in foreclosure as his or her primary residence may terminate the bona fide lease for the dwelling unit subject to the 90-day notice requirement of subsection (a) of this Section. (c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code.
Under 735 Ill. Comp. Stat. 5 § 9-207.5, when a lender, receiver, or new owner takes control of foreclosed residential property, they generally cannot end a qualifying "bona fide" lease before its natural expiration without first giving the tenant at least 90 days' written notice. This 90-day notice requirement applies whether the lease is a fixed-term, month-to-month, or week-to-week arrangement. An exception exists when the new owner intends to occupy the unit as their primary residence, though even then the 90-day written notice is still required. Separate grounds for termination under other Illinois eviction statutes — such as nonpayment of rent or lease violations — are not affected by this provision.
Plain English — not legal advice.
Property owners, lenders, receivers, or purchasers who assume control of foreclosed residential real estate under 735 Ill. Comp. Stat. 5 § 9-207.5 generally ensure that any termination of a bona fide lease is preceded by at least 90 days' written notice, regardless of whether the lease is fixed-term, month-to-month, or week-to-week. Operators who intend to occupy the unit as a primary residence still must deliver that same 90-day written notice before the tenancy ends. Compliant operators also remain aware that this section does not eliminate their ability to pursue termination on other grounds — such as nonpayment or lease violations — under the separate Illinois statutes referenced in subsection (c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-207.5, tenants holding a bona fide lease in a property that has gone through foreclosure are generally entitled to at least 90 days' written notice before their tenancy can be terminated by the new controlling party, even if the new owner plans to move in themselves. If a tenant believes this notice requirement has not been honored, that noncompliance may be raised as a defense in an eviction proceeding. Tenants in this situation may also consider reaching out to a local tenant-rights organization or legal aid office for general information about how this provision interacts with their specific lease and the Illinois foreclosure process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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