Buying a tenant occupied property and evicting tenant

9 Replies

Hello we plan on buying a tenant occupied unit and removing the tenant and fix it and rent for more. Supposing the tenant has no lease it's easy to remove her with 60 days notice to vacate? What if she has a lease with precious owner - still easy to evict her with 60 days notice to vacate as the old owner not the owner anymore ?

No much experience with rentals. Would appreciate advise 

Talk to a RE Attirney.  California has very tenant friendly laws.  If you don't do this right, you could have them in place for months...

You could also make your offer depending on the units being empty.  You also better know exactly what the lease situation is and you better account for any deposits paid by the tenant to seller.

Listing agent says tenant has no lease been there for over 25 years.  Is it neccecery to get a RE attorney? Maybe serve the tenant 60 days notice to quit and tenant to vacate before need to start the ugly eviction process?

Tenant knows units being sold and seems she prepare that she will have to leave.

Would appreciate input for someone with experience in California tenant laws and/or buying tenant occupied property. 

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Try to keep it friendly. Maybe offer some help with moving expenses or guarantee a full refund deposit if they're out by a certain date. Then, follow up with formal notice once you have some kind of agreement, to make sure they know you mean it. But, yeah, consulting with a RE attorney is prudent.

You have to check with your local expert. In California, frequently the city will pass laws that are even more restrictive than the state. I know what I have to do in San Diego, but I have no clue if Encino has some extra hoops to jump through.

Well first of all, do not use the word "evict." You are not evicting the tenant. You are terminating the tenancy.

If the tenant has a lease, you have to honor the lease. If there is no lease, they are on a month-to-month or what's called a periodic tenancy. You have every right to terminate the tenancy as long as you give the appropriate written notice required by your state. Some local jurisdictions may require a longer notice than the state.