Legal Question in Real Estate Law in California

on what grounds could a new owner from a trustee sale evict a tenant, if tenant refuses calfornia notice of entry S1954 that was served on door.? Should the tenant be able to exercise the Protecing tenants act foreclosure of 2009 S.896, which allows the tenant 90 days. The property was puchase no more than a week ago.

And the tenant has no agreement with the new owner. The new owner is no trying to sell the property and show to prospectives. Does the new owner have to serve a 90 day notice? Or again what type of notice could the new owner serve the tenant?, from a refusal of Notice of Entry?

The tenants has been through alot of deceit and mistrust. Could you confirm this and what statutes or civil code would this be under. (your answer)


Asked on 8/24/09, 12:21 pm

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

You are confusing the owner's right to inspect after reasonable notice, usually 24 hours, pursuant to California Civil Code section 1954, and the new owner's right to evict a holding-over tenant after the tenant's lease is wiped out in foreclosure. True, the effect of S.896 is to prevent the lease from being wiped out by foreclosure in certain situations. It does not take away the landlord's right to enter and inspect.

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Answered on 8/24/09, 1:37 pm


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