Legal Question in Real Estate Law in California

legal owners want to move in - lease not yet expired

We purchased a home from a friend. He had a lease due to end in February with current tenents. Can we break the lease before February? Also, if the tenents decide not move in February what is our recourse?


Asked on 12/07/99, 11:34 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: legal owners want to move in - lease not yet expired

The tenants have the right to be there until the end of the Lease. If you

want them out earlier, you must either have a legal ground (e.g., nonpayment of rent),

or induce them to leave voluntarily (e.g., offer $). You do not have a right to

interfere with the tenancy during the lease period just because you are a new owner.

If they don't move in February, you can (and should: any "self help" or interference

with the tenancy is wrongful and may lead to penalties) file an unlawful detainer ("eviction")

action, and obtain a court order for possession.

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Answered on 12/08/99, 8:03 pm


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