Results 1 to 4 of 4

Hybrid View

  1. #1

    Default Tenant Occupied Foreclosure

    My question involves landlord-tenant law in the State of: CA

    I'm bidding on a foreclosed single family residence that is curently tenant-occupied in Los Angeles and the bank is NOT going to deliver the property vacant upon the closing of escrow. Thus, we must deal with the tenants ourselves. The tenants have been living there for two years and have two young children and were NOT the people who defaulted - only renters. I'm assuming whatever lease they may have had is null and void since the renter has admitted to my real estate agent that they have not been paying rent, although we're not certain for how long. I plan to live in this house after escrow closes. My questions are:

    1. When do I give them notice that they have to vacate and how long are the notices?
    2. Would the 3 days notice apply to them since they haven't been paying rent?
    3. Do I have to provide them with relocaton assistance even though they have been living rent-free and it's a single family home? Would that law apply to them?
    4. Can I demand that they start paying rent upon the close of escrow?
    5. Do I need to return their deposit to them if they move out even though they have not paid rent?

    Anything you can provide is greatly appreciated. I'm trying to figure out is this is going to be cost prohibitive since the bank who currently owns the property refuses to do anything about the tenants.

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Occupied Foreclosure

    you might want to check this out. I haven't read it over but from what the short description stated, tenants living in a foreclosed house have some federal protection.

    http://www.tenantstogether.org/downloads/S.896Final.pdf

    here was the lead in for that PDF file:
    http://www.tenantstogether.org/article.php?id=723

    the quick facts:

    if there is an active lease, it stays intact. If there is no lease, the tenants get 90 days before eviction.

  3. #3

    Default Re: Tenant Occupied Foreclosure

    Thanks for the quick reply, JK. If there is no lease, do I still have to pay them to move out? (i.e. relocation assistance which could cost over $10K?)

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Occupied Foreclosure

    Are they paying rent or not? If they are, the protections jk described apply. If not, they lose those protections and, assuming you have never collected rent from them, you can evict them as trespassers. You didn't accept a deposit from them, so you don't owe them the return of a deposit.

    Note that in this circumstance, there are no shortage of horror stories about tenants trashing the house before they move. Be careful.

    1. Sponsored Links
       

Similar Threads

  1. Foreclosure: California Foreclosure Owner Occupied - Second Pursuing Collections
    By CAEngr in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 11-26-2009, 08:58 PM
  2. Foreclosure: California Foreclosure, Not Owner Occupied
    By niceshoes in forum Buying, Selling and Conveying Real Estate
    Replies: 5
    Last Post: 05-05-2009, 01:04 AM
  3. Foreclosure: Property Rights of Owner when Tenant Occupied Foreclosure
    By Legalrights in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 02-03-2009, 01:46 PM
  4. Change of Ownership: Tenant Occupied Home For Sale
    By peyton in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-31-2008, 06:15 PM
  5. Eviction Process: Evict tenant renting a room in owner occupied home in Hawaii
    By Kensmith in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-12-2006, 03:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources