Legal Question in Real Estate Law in California

Re: renting

As an aside to what Mr. Whipple writes, many people who buy a house insert a clause in the purchase agreement that the house will be delivered vacant. Therefore, it becomes the seller's responsibility to secure the tenant's cooperation in moving.

Re: renting

Unless there is a valid lease in effect, you can start eviction proceedings right away. Was there anything in the escrow concerning the tenant? Please call us if you have any questions. or need help in the eviction.

Re: renting

When their lease expires.

You have no right to evict tenants unless their lease has expired or they have defaulted on their lease.

As the new owner, you are the new landlord and you have no more right to live in the house that is leased out than did the guy who sold it to you.

It would be a different story if you bought at a foreclosure sale...then, your rights are superior to those of a lessee whose lease is junior to the obligation (loan) foreclosed. Since loans tend to be earlier than leases, a buyer at foreclosure usually (but not always)can evict the tenants.

There is another rare exception. A few leases are written so that they terminate upon sale of the property. But the general principle is otherwise. He who buys property with tenants in place buys it subject to the existing leases.