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  1. #1
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    Mar 2012
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    Angry Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    My question involves personal property located in the State of: California

    The property has a guest house, that the "squatter/caretaker" has now moved into and refuses to leave. The sellers have already started an eviction process, but it seems to be taking forever and the situation with the squatter at my property has been escalating and I am desperate to just have my home. Can I just call the cops or do I have to wait for the eviction process to go thru the legal hoops? He had no rental agreement, he was simply a caretaker for the elderly man that owned the house. Before we bought it he was the caretaker for about 7 months.

  2. #2
    Join Date
    Jan 2006
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    27,189

    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    when did he move into the house? Was the owner aware he was living there at any time prior to you buying the property?

    has the sale closed yet? If so, the seller cannot evict. It will have to be you.

  3. #3
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    Mar 2012
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    Has the sale of the property been closed/finalized? Are you the owner of the property at this time, or is it still the sellers' property?

    Regardless, whomever legally has the deed to the house should be able to call the police, and have them show up and remove the squatter and/or possibly arrest them if they continue to refuse to vacate. If there is no rental agreement in writing, then the caretaker has no legal right to remain in the property, and the police would definitely notify him as such and warn him that if he comes back, it is now criminal trespass.

  4. #4
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    Quote Quoting nt86
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    Regardless, whomever legally has the deed to the house should be able to call the police, and have them show up and remove the squatter and/or possibly arrest them if they continue to refuse to vacate. If there is no rental agreement in writing, then the caretaker has no legal right to remain in the property, and the police would definitely notify him as such and warn him that if he comes back, it is now criminal trespass.
    Not necessarily true. A rental agreement does not have to be in writing. In fact, if the guy stayed there, at all, with the owners knowledge, there was an implied contract.

    It is going to depend on what the caretaker claims as to why he believes he has a right to be in the house.

  5. #5
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    Mar 2012
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    That may be so, but wouldn't a legal deed/title to the house enforce the current owner's decision as to who can stay on the property? I lived in Texas for over 20 years and had a similar problem, and that is how it was legally resolved there. I realize the state in this case is California, however.

  6. #6
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    Quote Quoting nt86
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    That may be so, but wouldn't a legal deed/title to the house enforce the current owner's decision as to who can stay on the property? I lived in Texas for over 20 years and had a similar problem, and that is how it was legally resolved there. I realize the state in this case is California, however.
    in this case the state doesn't matter. A leasehold transfers with the title of the property so if the guy has a legal right to be there, a new owner does not change that. A tenant must be given proper notice and evicted should they stay after that time.

  7. #7
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    Mar 2012
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    That makes sense; thanks for clarifying. Sounds like the owners of the property need to formally issue the tenant with an eviction notice and go from there.

  8. #8
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    Jan 2006
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    Default Re: Bought a Property and the Seller Had a Caretaker That Refuses to Leave

    Quote Quoting nt86
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    That makes sense; thanks for clarifying. Sounds like the owners of the property need to formally issue the tenant with an eviction notice and go from there.
    well, we get back to why the guy is there and what he claims. He could actually be considered a trespasser but depending on what he claims or what really happened, he might actually be a tenant as well. Depending on why the guy claims a right of possession will make a lot of difference here.

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