Legal Question in Landlord & Tenant Law in California
I'm purchasing a 3 unit apartment in Los Angeles. One of the tenants are there and I've not been provided any proof of lease or past payments.
I'm thinking because at this point there is no history of payments or lease then I might be able to either charge her market rate or evict her without having to pay over $18,000 for official eviction process.
Would you happen to know or might know of someone who can advise me?
1 Answer from Attorneys
First, I'm not clear where you came up with the figure $18,000 for an "official eviction process," unless the building is located in an area with rent control or other laws limiting eviction of tenants. I would, rather than what you propose, require that the seller of the building obtain a lease from that tenant, or evict her themselves before you close escrow. You shouldn't buy a building (unless it is at a huge discount) with a person living there of unknown tenancy. Also, you should require from the Seller Tenant Estoppels from each tenant. Your real estate agent should have a decent form for such an agreement, or you need to retain counsel to handle it for you.
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