Legal Question in Landlord & Tenant Law in California

Re: Eviction

Have you asked for or has the former owner agreed to pay rent? They are not a tenant but rather a trespasser if there has been no attempt to pay rent. You probably would need the sheriff to try to remove them as a violation of the criminal law.

Re: Eviction

A 3 day notice to Quit should be served. Then, an unlawful detainer is filed. No judicial form complaint can be used after a foreclosure sale.

Re: Eviction

Since this is former owner, I am assuming there is no rental lease.

If her payments are current, you need to begin with a 30 day notice. If she is behind, a 3 day notice. Then file the unlawful detainer.

After the U.D. is filed, she has 5 calendar days to file an answer. If she answers, a trial will usually be set for 2-3 weeks hence. After the judge has rendered a decision (assuming you win), there will be a short period of time for her to move, and if she doesn't move, you get a Writ of Possession from the sheriff,and if she doesn't leave voluntarily at that point, the sheriff will move her out on the 6th day.

If there is no answer filed, you can go to the sheriff immediately for a Writ of Possession.

As to how long you must wait, if she answers and goes to court, it could be five or six weeks. If there is no answer filed, it could be as short as two weeks. These periods would be calculated from the cessation of the 3 day, or 30 day notice.

It probably would be feasible to have an attorney write her a strong letter, because if she vacates after receiving said letter, it could save you hundreds of dollars in court costs and legal fees.

Please e-mail or call me, if you have further questions. Good luck!