Seller won't move : ezLandlordForms

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Dodie H

started a topic over 12 years ago

I purchased a house from the buyer of a closed short sale and the seller of that short sale still has possession of the property in California. My question is can I serve a 3 day notice to vacate the same as is done when a property is foreclosed on the the owners need to be evicted because they are not "bonefide tenants?" ie: can't prove payment of rent and have no lease.

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Bob R

said over 12 years ago

When was the sale finalized?

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Dodie H

said over 12 years ago

yes escrow closed

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Bob R

said over 12 years ago

date?

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Dodie H

said over 12 years ago

June 2012, don't have my file here but I think the 15th

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Bob R

said over 12 years ago

The fact that they have been there over 30 days may qualify them as tenants. Have a talk with your RE agent for advice/help. You may also want to contact a RE Lawyer for advice. If it was less than 30 days you may have simply call the police to have them removed. Was there a reason that you allowed them to stay there after property was recorded? Keep us up to date.. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Dodie H

said over 12 years ago

I am wondering if a 3 day notice will work. In foreclosure eviction a 3 day notice is used and they have to vacate if they cannot prove they are a bonifide tenant, it is much the same except one is short sale holdover and one is foreclosure holdover? Thank you There are not state laws pertaining to short sale evictions yet.....

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Bob R

said over 12 years ago

You leagally own the house, so start the eviction process. You may get a judgement but keep in mind that there is a good chance that they may not move willingly and you will have to get the sheriff to help them. Another consideration is what damages will they cause because of the eviction. You may want to consider suing the listing agent for cost of removal since agent didn't deliver property as agreed to. You can always talk with the sellers about their problem and see how it can be a win win situation. Maybe offering $1000 or $2000 to help them move. This only applies if they leave the property in good condition. Take lots of pictures. Sign an agreement. $$$ to be received within 10 days of move-out. Remember, you got the place for a deal. One should do a walk thru before signing to make sure everything is as agreed too including owners have moved out COMPLETELY. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. Posted by Bob R, CA on Friday, August 24, 2012