Dear Anonymous,

Just to be clear, I assume when you say "on Foreclosure," you actually mean "in Foreclosure." If the home is in foreclosure, but has not sold, you are still technically the owner, and you can arguably do with the home what you want. I believe it would be required that you disclose this fact to any prospective tenants before they rent the home, and you need to be prepared to return the tenant's security deposit in full, without deduction, within 21 days of the date on which the bank actually forecloses the property. Aside from that, just be sure that you comply with all of the other myriad of landlord-tenant laws, and you should be fine. Do, however, be sure to disclose in writing, and have the tenant acknowledge in writing that they are aware that the home is in foreclosure, and may be sold at any time by the bank, terminating their tenancy. Also, write the lease as a month-to-month term.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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