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?
1 Answer from Attorneys
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.