Profile picture for crios323

I just bought a foreclosed propety with a tenant, I woul like to cancel is current lease

The lease is based on month to month and would like to evict the tenant, reason being the use of illegal drugs (Marijuana), loitering have friendscoming in and out all day to the back of the house. Now are this enough reasons to evict him, and if so do I still need to give relocation assistance? He his family have being living there for 5 years
  • December 29 2009 - Los Angeles
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Answers (10)

I would start with checking your local laws, but with a month to month lease you should be able cancle with notice. Did the old owner have a written lease? Usually, notice must be given thirty days in advance. In the notice, the landlord would ask the tenant to leave. After that notice i would go to court and get a dispossess.
  • December 29 2009
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Profile picture for crios323
Yes the old landlord had a lease with a 60day notice to cancel after 1year of living there. I would like to know if I ask him to leave would I still need to help him with relocation fees
  • December 29 2009
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Profile picture for nealadler
If it's month to month I would think a 30 or 60 day notice might suffice.  If they are violating the terms of the lease it may be grounds for an eviction.  If you are in the city of Los Angeles you might want to check with the Los Angeles Dept of Housing or contact an attorney.  Another resource is the Apartment Owners Association they may be able refer you to an attorney that specializes in this area.
  • December 30 2009
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Profile picture for wetdawgs
Please talk to a real estate attorney.  I suspect the law enacted in May 2009 about renters and foreclosures say that you must give them 90 days notice.    You do not have to pay relocation fees with proper notice.

  • December 30 2009
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First off, if they are breaking the law, call the police.  Secondly, do you have a written lease with these tenants?  Can they produce the lease they had in place before the home foreclosed? 

Here is a link to our blog on this topic since the introduction of the Federal Law in May. 

If you are a landlord, you should know the Property Codes for your area.  If you do not, contact an attorney or an experienced property management office who does.
  • December 30 2009
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And for the future please let us know if we can help you screen the next applicant.  Breaking the law is usually grounds to evict but you need to know your areas local landlord tenant laws.


Jeremiah Stephen
  • March 05 2010
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 contact an attorney
  • July 14 2011
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Profile picture for sunnyview
Timely advice to be sure.
  • July 14 2011
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I realize this is an old post so the tenant is surely out by now but this is for anyone else in this similar situation. By the tenant being in month to month tenancy, you could start an eviction to be able to lease it out or what ever else you want to do. You do not have to pay any re-location cost or cash for keys or buy them out of a month to month lease. Simple eviction process will do the job. You can check with the local mediation board which is a free tenant/landlord advice assistance service. They are all over but I know of one in Ontario, CA. Good luck to any new landlords in this situation.
  • July 15 2011
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Profile picture for ryanbos
Where is the home located? In CA when you purchase an REO you must honor the lease for 90 days.
  • July 19 2011
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