Legal Question in Real Estate Law in California

Re: Cease and desist

If you have a legitimate complaint with the previous owner, you can certainly write him a letter asking him to cease and desist. It's a free country, as they say.

Remember that a cease and desist letter written by an ordinary citizen, even an attorney, is not a court order, it is just a warning that the writer has a gripe that he feels might warrant future legal action. It is NOT the same thing as a cease-and-desist order issued by a court as part of an injunction, decree or judgment.

Interference with your business relationship with your tenants might be actionable or not, depending upon the nature of what you call interference - it is possible that the former owner still has issues with his former tenants that give him a legitimate reason to contact them.

I recommend retaining a lawyer to look at the issues here to see what kind of legal action you might have if the interference persists, e.g. tortious interference with contract, and then prepare and send the letter on your behalf. This will accomplish two goals: the former owner will be advised in accurate legal terms of a possible action against him, and the fact that you have retained an attorney will show that you are serious in your intentions to put a stop to the interference.

Re: Cease and desist

Why would the previous owner do that? What is his purpose?

Anyway, you can write a letter demanding that he discontinue interfering with your contractual relationship with your tenants or otherwise interfering with your business advantage. Advise him that he will be responsible for all damages suffered by you.

You should have a lawyer write the letter. It will only cost a few hundred dollars, but it will surely be more effective than if you write it yourself.

If you are interested, we can assist you with the letter. We are located in Southern California.