Legal Question in Real Estate Law in California
My buyer just purchased a property that has a second home on the property. The home was an auction property (bank owned). The tenant has been living in the second home rent free for the past year. There is no rental or lease agreement in place. The new owner asked her to sign a rental agreement and pay first, last and deposit on the property. The tenant said she can't pay it and told her to evict her. Does the home owner have to use a 3 day pay or quit and then a 30 or 60 day notice.
2 Answers from Attorneys
This question can't be answered accurately without knowing if the occupant ever paid rent and if so under what terms. That will affect whether they are tenants, guests of the former owner, or squatters, which is essential to a determination of how properly to remove them.
I agree with Mr. McCormick. If the tenant is occupying the property based on the kindness of the prior owners, and without paying rent, then the tenant may be a "tenant at will" and be entitled to 30 day notice. I suggest you consult a little more in depth with an attorney near you.
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