Legal Question in Real Estate Law in California

Re: real estate purchase

The people occupying one of the two units very likely have tenancy rights, and are not squatters. You don't give enough facts to know for sure what their status is, but in either case, you cannot simply throw them out and move in - you need to lawfully proceed with an eviction. Assuming the purchase contract is silent as to existing tenants and leases, I would demand that the Seller must provide the property free and clear of any tenants, and that since it has not closed escrow, it is the Seller's responsibility to remove the tenants. I would refuse to close escrow until they remove the tenants, or it is going to become your problem - you have no leverage once you close to insist that the buyer pay for, and remove the tenants.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: real estate purchase

You can't gain possession without an eviction unless it is volutarily surrendered.