Posted by Rick, the Probate Guy on June 22, 2009 at 16:07:24:
Best refer this to a U/D attorney. Email off the board (delete the nospam part) if you need a referral. Yes, I know where Compton is; I’m foreclosing on a note of mine there right now.
Also, I was born very close to there (158th and Hoover). I was the only kid on my block with bright red hair (maybe for several blocks!).
California Eviction Laws - Posted by Mi Baruka
Posted by Mi Baruka on June 19, 2009 at 19:35:04:
Going to acquire a multi-unit through a land trust. Basically paying off the lender and the seller via the land trust. 2 of the tenants have a lease. Can we evict the lease tenants, if so, what type of notice should we give them and how should we handle it?
Also, the seller is going to offer the tenants their most recent rent payment, their security deposit and $100 for a U-haul if they leave on time and the unit is clean. Are there any things that he should be aware of as he does this? [We’ll repay the seller for one month’s rent + the $100 U-haul via a short term note.]
Re: California Eviction Laws - Posted by Chi Ming
Posted by Chi Ming on June 26, 2009 at 19:13:27:
A lease is technically an ownership interest (right to occupancy) in real property and as such it survives a change of ownership. You cannot evict except for cause, leaving only a cash for keys option. Since you are in LA County, expect that the courts are most likely to side with the tenants if you do try getting rid of them before they are willing to go or the lease is up (though the former is more likely than the later).
Re: California Eviction Laws - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on June 21, 2009 at 17:01:21:
I’d just spend a little more and have a U/D attorney handle everything, including the Notice to Vacate. Laws vary even from community to community in CA so you might as well get it done right.
The big cost is that caused by delays. Landlords who do evictions all the time might have their system down, but a for tacit landlord, especially in CA, it’s just not worth messing up the noticing and losing any time. This part will probably only cost you $100/tenant or so to get them served.
Also, strongly consider a cash-for-keys arrangement to get them motivated. You’re going to spend money one way or the other; it might as well be on terms that are acceptable to you (hint: it’s all about control…right?)
Re: California Eviction Laws - Posted by Mi Baruka
Posted by Mi Baruka on June 21, 2009 at 22:37:21:
Thanks for your response Rick. By your answer are you saying you’re not sure whether you can evict a tenant that has a lease agreement regardless of how you acquire the property but that I should allow a lawyer to handle it? By the way, this property is in Compton which is a city within Los Angeles county.
And, we definitely are going to use a cash-for-keys arrangement as well as, assist the tenants in finding another home.