Legal Question in Real Estate Law in California

I just purchased a short sale in CA and the former homeowners won't leave the property after the 3 days close of escrow. Do I have to evict or can I claim trespassing?


Asked on 3/10/11, 7:52 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have to serve them with appropriate notice to quit, and then file an unlawful detainer lawsuit.

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Answered on 3/10/11, 9:46 pm

You have to evict, but in that eviction suit you get money damages in addition to an order for eviction.

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Answered on 3/10/11, 10:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Persons whose initial possession of property was lawful, like tenants on expired leases or former owners, aren't trespassers. This is an unlawful detainer and your remedy is eviction, as the previous answers say.

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Answered on 3/11/11, 10:39 am


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