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The minute the property closes escrow, the buyer (you) became a landlord and the seller became a tenant. Everything that happens after that is covered under Landlord/Tenant laws in California. If the seller does not move out as agreed, you must start the eviction process immediately. As the seller starts to give you excuses as to why they can't move, you are just postponing the inevitable. Most of the time it is just an inconvenience as the seller didn't realize how much time it would take to pack or their new place isn't ready as soon as they thought. BUT if you don't start the process, you may still be asking this question in 30 days and have to start then.You can start the eviction yourself, but it is usually best to contact an attorney. Most eviction attorneys will send the inital 3 Day notice for a nominal fee, understanding your prediciment and that they probably will not be handling a full evicition. You just want the seller to know you're serious.
A three day isn't going to work because a three day is to pay rent or quit.Since there is no apparent agreement on the amount of rent, this can get rather sticky.Not being an attorney, I can only guess that this is a breach of contract... But then again the contract also calls for a PAA, which doesn't seem to have been included.I sure am glad I am not the agent representing the buyer, LOL!!Correction below: that would be at 5PM the day recorded, not the day of closing of escrow...
The default of the contract (RPA-CA) is at 5PM on the day of close of escrow. Any holdover is to include the CAR form PAA. This will break down the agreements for any hold over. It is true that hold over is customarily three days, but it must include the PAA which is noted on the RPA-CA, Pg 3, sec 5B.Of course this applies only when using CAR forms, which if you are not using a Realtor, they may be using different forms entirely.Another option that I had an escrow officer do... I was the selling agent and the escrow officer requested that I confirm the home was vacant prior to her recording... Your agent cannot stop escrow; you will have to make that call. One thing to consider, sellers want their money and you want the house, you may want to consult a real estate attorney to see if that is an option due to a possible breach of contract. I don't know what she would have done if it was occupied, but this was something that she seemed to be concerned about.Good luck, I hope it works out for you.
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