Legal Question in Real Estate Law in California

Re: business eviction with clients residing

You're right, it is a mess. A lawyer trying to assist you would need many more facts, such as whether the facility operator was also the now-former owner, or a tenant of the owner. If the latter, one must know whether the foreclosed mortgage was senior to the lease, whether there were subordination agreements or non-disturbance agreements, etc., which might give the tenant rights superior to the buyer in foreclosure.

There may also be a right of redemption or some irregularity in the foreclosure.

Otherwise, the buyer probably has a legal right to possession, and the judge hearing an unlawful detainer suit may have no alternative but to find for the buyer and order you evicted. Note that there is an arsenal of weapons available to an attorney (or self-represented person) fighting eviction, including hardship claims, special rules for public-assisted housing, for handicapped persons, etc. -- whether one or more of these might give the judge a legal reason to delay or forbid the eviction I cannot say; you would need a tenants' rights expert!

Re: business eviction with clients residing

There is no magic form, but you can always opt to defend the lawsuit, assuming there are legitimate defenses. If not, then why not simply cut a deal with the new owners?

In addition, there may be other ways to fight the eviction.

You should contact an attorney immediately, as there are strict timing/deadlines with unlawful detainers. We are litigators experienced with unlawful detainers, representing both landlord and tenants, depending upon the particular case. If/when you are ready to proceed, please feel free to call or email.

Re: business eviction with clients residing

The procedure works this way: The 30-day notice is just the first step in the eviction process. If a tenant does not move within that period, after that the landlord may file an unlawful detainer lawsuit in the court in the district where the property is situated. Within five days, the tenant(s) must file an answer to the lawsuit. Then the court will set a trial date about 15-20 days out. Then the sheriff will show up to evict, probably within a week.