Legal Question in Landlord & Tenant Law in California

I have bought a house in California through a foreclosure, in which three different renters are already living in. These renters have either expired or no written lease agreements with the previous house owner. The renters acknowledged that they have not been paying rent to the previous owner since the house went into short-slae and then subsequently to foreclosure about 6 months ago. The seller's agent also acknowledged that the current renters have stopped paying the rent since the house went into the short-sale. I bought the property in the subsequent foreclosure. The property is located in Oceanside, CA, which does not have rent control. Assuming that negotiations with renters have failed, can you please suggest me how to evict the renters? Thank you!


Asked on 2/07/13, 9:20 am

1 Answer from Attorneys

Effective on the date you owned the property you became their landlord, but you did not receive the rights of the former landlord for back rents. If there is no lease in effect, the tenants are entitled to 90-day notice to vacate, IF they pay rent when due. If they have no lease or an expired lease they are automatically deemed to be month-to-month tenants at whatever rate they were supposed to be paying the former landlord. They owe you rent at that rate (pro rated if you took title mid-month). If they pay it, you have to give them 90-days notice to move out. If they refuse to pay, then you proceed the same as if you had rented to them directly and they stop paying rent. You serve them with a 3-day notice to pay rent or quit, and if they don't pay you evict them for non payment of rent like any other tenant.

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Answered on 2/08/13, 12:22 am


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