Legal Question in Real Estate Law in California
Purchased/Closed on home 4/25. Made informal agreement with seller, via both agents/brokers, they had until 6PM on 4/30 to be out of home. As of that time, they are only approx. 75% out of the home, and see to have no urgency to complete the move. Does Tenant/Landlord Law apply, or due to there being no formal agreement of extension after closing, are they considered unlawful occupants/squatters? What options do I have in terms of changing locks, denying access, property relocation?
1 Answer from Attorneys
If you consented to the seller to remain in the property after closing, then they are tenants at will and have to be given a 30 day notice and evicted using an unlawful detainer action. If you consented in exchange for rental or a kickback in the purchase price, the law would consider them normal tenants and you could probably use a 3 day notice, but would still have to bring an unlawful detainer action to force them out.
If they are 75 percent moved out, I suggest they might just need a few more days, rather than looking at legal options that will cost you money and aggravation in the long run.