Legal Question in Landlord & Tenant Law in California

Legal Advice

My tenant won't leave the property that is in foreclosure. What legal step should I take. I need to take my stuff

in the house.


Asked on 3/26/09, 5:30 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Legal Advice

If the property has not yet been foreclosed upon [sale has taken place], your rental contract with the tenant is still binding on both of you. To get the tenant out you would have to file an unlawful detainer action, ater giving the proper notices. I assume that you rented the place furnished. Politely ask the tenant if you can remove all the items the tenant is not using; contact the bank to find out what they intend to do and when. Undoubtedly they will get the tenant out and will let you remove all of your possessions [they do not to pay to remove it themselves].

It is not worthwhile to take some legal action. You probably do not have any legal basis to file suit. At worst, you might need a lawyer's letterhead to add force to your communications with the tenant and bank. I can do that if really needed, but you should try it on your own.

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Answered on 3/26/09, 12:49 pm


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