90-day notice to quit after foreclosure sale (tenant or subtenant in possession): earliest removal date
90 days after date the 90-day notice to quit was served (ccp 1162), under Cal. Code Civ. Proc. 1161b(a), (b).
Rule text
a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter
Calculate this deadline
- Trigger (Date the 90-day notice to quit was served (CCP 1162)): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Cal. Code Civ. Proc. 1161b(a), (b)
a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapterOfficial source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Fixed-term leases entered before the foreclosure sale survive until the end of the term unless a 1161b(b) condition applies (e.g., purchaser will occupy as primary residence), in which case 90 days' notice may be used. Does not apply if any party to the note remains in the property (1161b(d)). Local just-cause ordinances are not affected (1161b(e)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the 90-day notice to quit was served (CCP 1162) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the 90-day notice to quit was served (CCP 1162)): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
Fixed-term leases entered before the foreclosure sale survive until the end of the term unless a 1161b(b) condition applies (e.g., purchaser will occupy as primary residence), in which case 90 days' notice may be used. Does not apply if any party to the note remains in the property (1161b(d)). Local just-cause ordinances are not affected (1161b(e)).
Related deadlines
- 3-day notice to pay rent or quit: last day to pay (earliest day the tenancy is forfeit) (3 court days after)
- 3-day notice to perform covenant (cure) or quit: last day to cure (3 court days after)
- 3-day notice to quit (nuisance, waste, unlawful use, assignment or subletting): end of notice period (3 days after)
- Last day to serve 3-day notice for a given rent installment (12 months after)
- 60-day notice to terminate periodic residential tenancy (tenant 1 year or more): earliest termination date (60 days after)
- 30-day notice to terminate periodic residential tenancy (tenant less than 1 year): earliest termination date (30 days after)
- 30-day notice on sale of separately alienable unit: last day to give notice after escrow opens (120 days after)
- 30-day notice terminating month-to-month tenancy (Civ. Code 1946): earliest termination date (30 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.