Legal Question in Real Estate Law in California

i have just bought a property that has two houses and one mobile home. one of the tenants does not want to move what can i do ? the previous owner said that i had the option of getting my own tenants and i wish to do so but this one tenant is giving me trouble what can i do and what are my options


Asked on 9/28/11, 1:36 pm

3 Answers from Attorneys

If you bought the property knowing there were tenants, you took the property subject to their rights as tenants. You can only make them move under the same rules as if you had rented to them in the first place, or you can negotiate a move-out on mutually agreeable terms. If they are under month-to-month tenancies, however, you just have to give them 30-days notice to move, if they have been there less than a year, or 60-days if they have been there more than a year. If they refuse to move at the end of the notice period, then you can evict them the same as if they had not paid rent. If they have a lease for a specific period of time, however, they have a right to stay to the end of their lease.

Read more
Answered on 9/28/11, 1:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

When you bought property with tenants, you became their new landlord.

Do you suppose all the tenants in the Sears Tower or the Empire State Building have to move out just because Trump sells it to Rockefeller? No way! Ownership changes don't affect leases.

Read more
Answered on 9/28/11, 2:21 pm
Anthony Roach Law Office of Anthony A. Roach

If you are going to evict a tenant residing in a mobile home, you need to comply with California's Mobile Home Residency law. That law is embodied in Civil Code section 798 and the sections following. It places limits on when you can evict, and what to do with a mobilehome after an eviction.

Read more
Answered on 10/27/11, 9:58 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California