Profile picture for cochue

how can i get rid of tenants?

Hello, I'm about to close escrow on a property that has 2 houses. They were bought as a short sale. The bank told me that only one house would be vacant and one would be occupied. My question is how I can get rid of the people who are going to stay. I checked and there is no rent control in this area. The property is located in East Los Angeles, Ca. And where can I find more information about this kind of topic. The reason i want them out is because i want my parents to move to the house. 

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April 21 2010 - East Los Angeles
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Profile picture for cochue
thanks to everyone for your help, i just found out that they are renting month to month and they dont have a lease..
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April 22 2010
Profile picture for wetdawgs
State law wins over local law, and Federal law wins over state law.  Therefore, if there are no local ordnances you can't say there are no rules, you simply need to work with  the state laws.    Here is a link to state law.   If you scroll to page 48 you can see the legal rights of the tenants when property is sold. 

Hopefully you have received or will receive the lease documents.  You are responsible for refunding security deposits when the tenants leave, so hopefully that money and records transferred to you at closing.



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April 22 2010
Profile picture for sunnyview
Generally, if they pay their rent, you can't just kick them out unless they break the lease, engage in criminal activity or the lease allows you to terminate it with notice upon sale. You need to get a copy of their lease or rental agreement. You also need to deal with who has their deposits and whether they will be transferred to escrow. As their new landlord, you will be responsible for returning deposits to the tenant.

I am not a professional or lawyer, but when I managed property in CA it was assumed to be a month to month tenancy with no lease meaning you could give 30 days notice to vacate to the tenant. If there is a longer lease, you may have to honor the lease term or try to buy out the tenant if you want to occupy immediately. Here is a good handbook of basic tenant law from CA that might help. You may need to call a RE attorney to see if you have other options as laws in some states have changed since the foreclosure crisis hit. Hope it helps.
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April 22 2010
If worst come to worst, and you can't get them to move elsewhere in time. Why not just ask them to move to the other house (rewrite the contract?)and then your parents can move into the house the current tenants are in?
 
I tend to feel bad for tenents caught in short sales, foreclosures, etc...
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April 21 2010
Profile picture for wetdawgs
If the tenants have a lease, you must honor the terms of the lease (by Federal Law of May 9, 2009).   If the tenants are renting month by month, then you can give them 90 days notice.   

 Or, if you are very anxious to take possession of the house you can negotiate a payment with the tenants to get them to move out earlier.  This is up to their choice, so you need to make it very attractive.

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April 21 2010
Profile picture for salimusaj
Dude your stuck with tenants in the property. You should request the seller to move them out 5 business days as stated in common california contract. If its a rent control unit, let them break the contract and cancel the sale. You dont want to deal with the court system
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April 21 2010

City of LA has rent control, and county (un-incorporated areas of Los Angeles)  does not. Make sure you know where your property lies. More info here.

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April 21 2010
 
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how can i get rid of tenants?
Profile picture for cochue
Latest answer by cochue
April 22 2010 | 7 answers
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