Legal Question in Real Estate Law in California
Cash For Keys vs. Sheriff's Eviction
In the case of a foreclosed home
with non-legit tenants fighting for
Tenants rights, the bank is offering
'Cash for Keys' to vacate.
How does a 'Cash for Keys' eviction
usually work?
How does a Sheriff's Eviction usually
work?
If one chooses to forego the cash to
evacuate and instead choose the
extra time alloted for a sheriff's
eviction, does one still get the cash?
What are the tenants rights if they
choose to fight instead? (they've
been tenants since November 2006)
This is in Oakland, CA
Please be as detailed as possible.
thanks!
2 Answers from Attorneys
Re: Cash For Keys vs. Sheriff's Eviction
Sorry, but you don't get detailed information. I have a living to make.
Your facts are unclear. What constitutes "non-legit" tenants?
"Cash for keys" is what it says. It is not an eviction. It means move now, today, pronto!
Sheriff's eviction is a "writ of possession". You have five days to move, and on the sixth day, usually early A.M., the Sheriff's deputies forcibly remove you.
How could you get "cash for keys" when you wait for the sheriff to evict?
I don't know what you are fighting. Again, unclear facys, except if there is already a writ of possession, the fight is over.
Re: Cash For Keys vs. Sheriff's Eviction
Mr Bennett is correct,especially that you must give more details. Oakland is a rent control city so tenants do have a large amount of rights, but you are suggesting the people involved were not really rent paying tenants. if they were legitimate renters, then the new owner take the place with them.
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