Loma Linda, CA · Member since 2016 · 8 posts · 1 vote
I bought a property from the County Tax Sale. There is lady living in the house without paying rent or anything for the last 3 years, after the previous owner past away. I've been trying to help her move out of the house for the last 30-40 days, but she won't even make an effort. I've decided to give her a 3 days Notice to Quit. What reason should I write in the Notice?
@Mike MoRo You need to consult an attorney. Their are protections given to occupants of foreclosed properties that are not the same as a normal tenant.
@Mike MoRo You need to consult an attorney. Their are protections given to occupants of foreclosed properties that are not the same as a normal tenant.
I know that is the safest option, but is there a way around that? I called a lawyer and he said that it looks like it is going to cost me around $20,000.
I bought a property from the County Tax Sale. There is lady living in the house without paying rent or anything for the last 3 years, after the previous owner past away. I've been trying to help her move out of the house for the last 30-40 days, but she won't even make an effort. I've decided to give her a 3 days Notice to Quit. What reason should I write in the Notice?
Apparently, you would take over the rental agreement, which has become a month-to-month agreement, since she no longer has a lease. You would normally have to then give her 90 days to move.
But, it looks like, since she's not paying rent, you can still evict her for nonpayment of rent now.
I'd start the eviction process now. Worst case scenario, the judge says you did it wrong and you have to start over.
But, it's my opinion, she doesn't get to stay there for free anymore.
Plus, this sfgate article says she owes you rent from the time you became the owner.
You might want to add that up, and put on the eviction the total amount of rent she's in arrears, is the amount of rent from the day you were the owner. You can always settle with her after she's out - that she doesn't have to pay you anything as long as she's out by a certain time. But, I'd start the legal proceedings.
Or, you could hire an eviction attorney to do it for you.
Well then, it's time to do some reading....Google up, and read your state laws. And also shop for a different attorney, get some referrals from other landlords. I'm guessing this may not be a DIY for a novice, on the Left coast.
@Mike MoRo Generally in California, if a new owner purchases a property from a foreclosure sale, the new will have to give the tenant 90 day notice to leave. If not a foreclosure and the lease was longer than 1 year, then the owner/landlord must give a 60 day notice.
In California, the eviction process focuses heavily on the substance of the eviction paperwork. This means that you must have the correct language in your 60/90 day notice and you must fill out the unlawful detainer complaint correctly. The consequence of not following the guidelines is that you will have to start all over and issue a new 60 day notice and file a new unlawful detainer action. This is assuming that the tenant fights the eviction.
I highly advise hiring an attorney for this because you need to have everything correct in order to be successful. And I think $20,000 is ridiculous, so talk to some other local attorneys.
Disclaimer: This response neither constitutes legal or tax advice nor establishes an attorney-client relationship. Inquirers must seek the advice of their own legal counsel prior to undertaking any course of action related to this inquiry.
@Mike MoRo I noticed that I didn't really answer your question. In order for a landlord to use the 3 day notice to quit, there must be a serious violation of the lease agreement (subletting, assignment, nuisance waste). There is a very high burden of proof and it is not used that often. Alternatively, there is a "3 day notice to pay rent or quit" which gives the tenant the opportunity to pay the rent that is due or the eviction process will start. Again, there is specific language that must go in these notices, which you may be able to find online or an attorney can handle it for you.
This response neither constitutes legal or tax advice nor establishes an attorney-client relationship. Inquirers must seek the advice of their own legal counsel prior to undertaking any course of action related to this inquiry.
I appreciate all the responses, thank you. I've done some research, a lot of reading and I think that I'm going to serve the person living there, a 3 days Notice of Cure or Quit. She told me that the toilet doesn't flush and all the wastewater goes in the bathtub. I doubt it that she is going to fix it or respond to my UD 100. There is not much information about Tax Sale laws, so I have a few questions that I couldn't find answer for. Is Tax Sale treated as a regular foreclosure? Is the squatter in my house, considered my tenant?
Mike MoRo,a 3 day pay or quit notice is the wrong notice to send unless you want her to stay.You want an attorney to post a get out in 60 day notice immediately so you can get her out before September.This should have been done the very first day you bought the property so she would have been gone before August.Call a number of attorneys who specialize in evictions and you will find one who will get it done for $800.00,not $20,000.Don't try this without an attorney for the first time because something will go wrong and the court will side with her.Remember,California is the biggest anti-landlord/pro tenant state in America and the courts will bend over backwards to help tenants stay in the property rent free for even the slightest mistake committed by you.
I understand, I'm going to find an attorney to give the 60 days Notice. While I give the 60 days Notice, can't I give her more Notices, like to Cure or Quit? It is $250-300 to do it and maybe one of them will work.