Legal Question in Landlord & Tenant Law in California

We are in California. The house we leased from August 1, 2009 - July 31, 2011 was sold in a foreclosure auction on May 27,2010. The new owner filed a UD against the previous owner. We had to file a prejudgment to be added to the law suit.

On June 28, 2010, the previous owner comes into town and to our home... moved into the spare bedroom and said she would only be here for a few days to remove her property from the premises. She never left!

July 20, 2010, the judge ruled we were allowed 90 days to vacate as tenants. She remains on the property and in our home unlawfully as the judged ruled her to vacate.

The property management won't lock her out because they said the UD was against the property and not an individual.

We had to file bankruptcy and now have a stay from the UD.

How can we get her out. She is NOT a tenant never has been... just the previous owner.


Asked on 9/21/10, 3:46 pm

1 Answer from Attorneys
Aimee Morris

I will assume that you already called the police and told them that she was a prior landlord, and that you permitted her in your home only as a guest and that now she will not leave.

In order to get someone out of your home, you usually need a writ of possession issued by the court, you pay a sheriff $125 to come in and lock out that other person, usually with a locksmith on hand to change the locks.

You may want to contact the Plaintiff that you prevailed against, offer that you would pay the Sheriff the $125 fee in order to have the prior owner evicted from your home. Do you think that the plaintiff would be willing to work with you in getting the old owner evicted from where you live?

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Answered on 9/27/10, 9:33 am


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