Legal Question in Landlord & Tenant Law in California

Purchasing and moving in into a Tenant Occupied House

I'm considering to purchase a house that currently has a tenant with a fixed lease (1 year). The lease is up in Feb 2006 but it has a 1 year option.

If I purchase the house and want to move in as ''owner occupied'', can I evict the tenant even though her lease is still valid?


Asked on 11/02/05, 3:03 pm

2 Answers from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: Purchasing and moving in into a Tenant Occupied House

No. Generally in California a fixed-term lease is valid and remains so even if the property is sold and the new owner wants to occupy the premises.

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Answered on 11/06/05, 12:54 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Purchasing and moving in into a Tenant Occupied House

No, you purchase the property subject to the lease. However, you can make it part of the deal that the tenant must be gone by the time the deal closes.

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Answered on 11/02/05, 4:31 pm


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