§ 1161a.Removal of Persons Holding Over and Continuing In Possession of Manufactured Home, Mobilehome, Floating Home Or Real Property After Three-Day Notice

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1991 · Last verified July 29, 2026

In one sentenceSection 1161a lets a buyer at an execution sale, foreclosure, trustee's sale, private sale, or conditional-sale default remove a holdover occupant of a manufactured home, floating home, or real property after a three-day notice, except that a residential tenant or subtenant instead gets notice as long as the rental term, capped at thirty days.

Full Text of § 1161a

Text sizeJump to: (a) (b) (c) (d)

(a) As used in this section:

(1) "Manufactured home" has the same meaning as provided in Section 18007 of the Health and Safety Code.

(2) "Mobilehome" has the same meaning as provided in Section 18008 of the Health and Safety Code.

(3) "Floating home" has the same meaning as provided in subdivision (d) of Section 18075.55 of the Health and Safety Code.

(b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, floating home, or real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:

(1) Where the property has been sold pursuant to a writ of execution against such person, or a person under whom such person claims, and the title under the sale has been duly perfected.

(2) Where the property has been sold pursuant to a writ of sale, upon the foreclosure by proceedings taken as prescribed in this code of a mortgage, or under an express power of sale contained therein, executed by such person, or a person under whom such person claims, and the title under the foreclosure has been duly perfected.

(3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.

(4) Where the property has been sold by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.

(5) Where the property has been sold in accordance with Section 18037.5 of the Health and Safety Code under the default provisions of a conditional sale contract or security agreement executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.

(c) Notwithstanding the provisions of subdivision (b), a tenant or subtenant in possession of a rental housing unit which has been sold by reason of any of the causes enumerated in subdivision (b), who rents or leases the rental housing unit either on a periodic basis from week to week, month to month, or other interval, or for a fixed period of time, shall be given written notice to quit pursuant to Section 1162, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed therefrom as prescribed in this chapter.

(d) For the purpose of subdivision (c), "rental housing unit" means any structure or any part thereof which is rented or offered for rent for residential occupancy in this state.

End

Plain-English Summary

This section extends unlawful detainer to a situation § 1161 does not cover: someone still living in a manufactured home, mobilehome, floating home, or house after title has passed to a new owner. Subdivision (b) lists five ways that can happen — a sale under a writ of execution, a foreclosure sale under a mortgage, a trustee's sale under a deed of trust, an ordinary sale by the prior owner, or a default sale under a conditional sale contract for a manufactured home. In every case, the buyer's title has to be duly perfected before the three-day notice can go out, served the same way § 1162 requires.

Subdivision (c) softens that three-day rule for residential tenants and subtenants who are not the former owner. If the unit they are renting gets sold through one of those same five routes, they are entitled to written notice at least as long as their rental term — weekly, monthly, or otherwise — but never more than thirty days, before removal can proceed.

Section 1161b builds directly on top of this section, giving even longer protection — generally ninety days, and sometimes the rest of a fixed lease term — to tenants caught in a foreclosure sale specifically. Section 1166(c) also requires a complaint based on this section to say so directly in its caption when the property is residential.

Frequently Asked Questions

How much notice does a former owner get after a foreclosure or trustee's sale?

Three days, once the buyer's title has been duly perfected and the notice is served under § 1162.

What if I'm a tenant renting the unit, not the person who lost the property?

Subdivision (c) requires notice at least as long as your rental term — week to week, month to month, or otherwise — though never more than thirty days.

Does this section apply to manufactured homes and mobilehomes, or only houses?

All of them, along with floating homes and ordinary real property, using the definitions cross-referenced to the Health and Safety Code.

Is thirty days always the maximum notice a residential tenant gets under this section?

Under this section, yes — but § 1161b gives tenants caught specifically in a foreclosure sale longer protection, generally ninety days or more.

Amendment History

Amended by Stats. 1991, Ch. 942, Sec. 11.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: holdover after foreclosure sale californiaeviction after trustee sale californianotice to vacate after property sold california