Legal Question in Real Estate Law in California

What if I know the tenant won't move after being given 30 day notice?

Me and my wife just closed escrow on our first income property 1st of June. That same day, we gave one of the tanents a 30 days notice because our loan states that we have to live on the propery. This tanent has made it clear to us that she and her 2 teenaged sons have been there for 12 years, and are not planning to move anywhere. What can I do now during the 30 days to get ready for an eviction?


Asked on 6/06/01, 11:13 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What if I know the tenant won't move after being given 30 day notice?

You say 'your first income property' but also suggest that you plan to live in it, i.e. that it won't be income property under your ownership.

If you intend to buy other income properties, it is worth your while to learn the ropes of being a landlord. You should buy and read at least two different self-help law books on the landlord business and tenants' rights. This will give you some basic information about how to handle evictions yourself -- 30 day and three-day notices, unlawful detainer actions, using the sheriff, and all that.

If however you are not embarking on a career of managing income properties, you should consider hiring someone to handle the tenant problems for you.....it could be a professional eviction service, an attorney, or a real-estate management company perhaps. It will cost you a fee but save you the learning and a possibly unpleasant task.

I would also suggest you review the services provided by the seller and the real estate agents or brokers who handled this transaction. They should not have left you unprepared to handle the matter of gaining possession especially since they presumably knew your loan was for an owner-occupied property. You may have been short-changed by your broker.

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Answered on 6/27/01, 9:30 pm


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