Legal Question in Real Estate Law in California

We bought a home in a trustee sale in Lincoln, northern California, and the previous owners refuse to move out. We are going through the requisite legal steps to evict them. In the meantime, the grass, flowers and shrubs are dying from neglect. We would like to go onto the property to water and maintain them. May we do this? Thank you very much.


Asked on 7/12/10, 6:55 pm

5 Answers from Attorneys

Yes. You own it.

Read more
Answered on 7/12/10, 10:04 pm
Daniel Bakondi The Law Office of Daniel Bakondi

I dont think so. It sounds like the tenant may have right to possession until you evict. You do not want to give him any ammunition. You might sue him for damages after you evict. If you had an attorney helping you with the eviction, you would probably have asked this question of your attorney. If you do not have an attorney, I am concerned - the UD/eviction process has some land mines to watch out for. Let me know if I may help.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Read more
Answered on 7/12/10, 10:32 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Make sure you sue them for "waste" to the property (you will probably get it back trashed). Once they move they'll be hard to find to serve with a lawsuit.

Read more
Answered on 7/12/10, 11:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Bakondi except you said "previous owners," not "tenants."

Read more
Answered on 7/13/10, 8:42 am
Anthony Roach Law Office of Anthony A. Roach

At the close of the trustee's sale, the previous owner loses all rights in the property, and they become similar to a holdover tenant. It isn't a true tenancy, but rather what was known in common law as a "tenancy at sufferance." You are the owner, as pointed out by Mr. McCormick. You are waiting for the sheriff to physically throw them out of the property.

If it is safe, you could water the plants. You would not be trespassing on your own property. There may be practical problems with this, and a lawsuit for waste may be a good idea, as pointed out by the other lawyers.

Read more
Answered on 7/13/10, 1:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California