Legal Question in Real Estate Law in California

In California, if a private house has a tenant that resulted from a purchase contract that provided a 90 day max lease while purchaser obtained a clean credit report, the (purchaser/tenant failed to pay rent, failed to qualify, and now refuses to vacate the property, how is the person removed from the property if someone else wants to purchase the property. If this involves a long-drawn-out "Unlawful Detainer" case, the house will probably default back to the bank before it can even be sold. How do we get this person out quickly so the new sale can procede?


Asked on 9/05/12, 1:25 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

An ulawful detainer is not usually long and drawn out -- it is relatively swift, maybe 45 days from filing and service to removal of occupant by the sheriff if well planned and professionally done. An alternative is "cash for keys" where the occupant is paid to move out immediately.

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Answered on 9/05/12, 1:36 pm


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