Legal Question in Landlord & Tenant Law in California

Tenants wont leave my new home

I am about to close escrow on a home that still has tenants in it. The owner is renting to a family, who is also subleasing some of the rooms, that is being difficult. I was told that the house would be empty on 1/31/04 yet the tenants said they were not notified until 1/26/04 that the house had sold.We opened escrow in early December. The owner claims that he ''verbally'' noticed the tennants. I am in the position that if I dont close escrow by 2/13/04 I will lose the locked in interest rate and be subject to more fees. I dont want to lose this house because of the stuborn tenants. The owner never had a written rental agreement with the tenants and it looks like I will be inheriting the property tenant occupied. What can I do to get them out ASAP? The owner claims he is trying to get them out but will not serve them. It has been suggested that before escrow closes that I enter into a rental agreement with the owner with the current tenants as tenants therefore making him responsible for rent and expenses and he says he is willing to do this. Or can I just serve the tenants a 60 day notice as soon as the home is mine? Please help!


Asked on 2/10/04, 2:10 am

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Tenants wont leave my new home

You should serve 60 day notice and we can help you with the unlawful detainer. Then, you should sue the old owners. Most real estate contracts require binding arbitration. We can help you with this also 714 363 0220.

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Answered on 2/10/04, 11:15 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Tenants wont leave my new home

If the tenants have a lease, and the lease does not call for them vacating the property when sold, they can stay until the lease terminates. If they are on a month to month, then all of the normal notices in writing must be given to terminate the lease.

If your contract to purchase calls for the tenants to be out at close of escrow, then the seller may have liability to you if that is not done.

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Answered on 2/10/04, 12:17 pm


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