Belt Auction

What should we do about a tenant who refuses to leave?

California We just purchased a property (a home) through auction and there is a tenant living on the premises. To my knowledge, when we acquired the property, any lease the tenant had was terminated (I am not sure about this). We asked the tenant if he wished to stay, making a new lease with us. The tenant has refused to give us an answer and seems intent on staying on the premises without paying rent. What can we do? Can we file for unlawful detainer immediately?

Public Comments

1. Its lawyer time. Restrict your contact with the tenant.
2. The property should have been delivered to you free and clear of this headache You have no responsibility to this so called tenant - the lease is legally null and void Go get that detainer right now - and be sure to let the court know that you purchased the property and they refuse to sign anything - you can get a summary judgment and also file for immediate eviction
3. You need to make certain if there was a lease in effect at the time you bought the place. Call the Realtor that closed the sale. If a valid lease was in place the terms of the lease transfer with the sale and you need to honor the terms until the lease expires. If there is no lease, the tenant is considered to be on a month to month rental in most states. Check state law but you can require the tenant to sign a new lease or move with a 30 to 60 day notice. This varies among states so check your state law. If the tenant won't sign a new lease you can start eviction proceedings in accordance with state law.
4. definately get a lawyer. California can be tough on these types of situations.
5. The answer depends on a lot of things. If the tenant was leasing the property from someone and that person sold the house to you- they have transferred their tenant to you- and you must honor the lease. You probably used a title company- call them and ask what you should do in the state this property is located in.
6. The tenant has some rights under the 2009 Tenant Protection law but you dont know if there is a lease, so you could give the tenant his 60 days notice which I believe is mentioned in the Act when a new owner buys a foreclosed home. If he doesnt leave after 60 days then you should proceed to evict with a 3-day court notice. I hope this web page will give you your answers. http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
7. " To my knowledge, when we acquired the property, any lease the tenant had was terminated (I am not sure about this)." - No, it's not. If you want to keep them as a tenant, you honor the current lease. They must continue to pay the rent specified in their lease. If they don't pay, evict them for non payment.