Investor · Berkeley, CA · Member since 2016 · 242 posts · 304 votes
Hey folks,
If an owner has given tenants on a month-to-month lease a 60 day notice to terminate tenancy and then I buy that property before that 60 days is up, is the time period still counting down from when the notice was given? Or, because I am the new landlord, do I have to restart the 60-day notice process?
For double points, what about an eviction process? If I buy a property that is in the middle of an eviction, do I have to refile because I'm the new owner, or do I just continue with the timeline of the former owner?
House is in unincorporated part of Contra Costa County in California.
Real Estate Consultant · Whitestown, IN · Member since 2014 · 547 posts · 933 votes
9y
Ownership shouldn't affect these things. The tenants are already looking before you closed on the property. The judge has already mandated a date to return possession regardless of who the owner is. You shouldn't have to refile. Who owns the property and the sale of the property has no bearing on the tenants obligation and violation of a contract. Ownership and tenancy are separated in these matters. Just like having to honor a lease if you purchase a leased property.
Real Estate Consultant · Whitestown, IN · Member since 2014 · 547 posts · 933 votes
9y
Ownership shouldn't affect these things. The tenants are already looking before you closed on the property. The judge has already mandated a date to return possession regardless of who the owner is. You shouldn't have to refile. Who owns the property and the sale of the property has no bearing on the tenants obligation and violation of a contract. Ownership and tenancy are separated in these matters. Just like having to honor a lease if you purchase a leased property.
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
9y
The 60 day notice to vacate will remain in effect. You as the new owner assume the terms and conditions of the lease
The eviction would have to be refiled. An eviction is a lawsuit and reads Current Landlord(Plaintiff) vs. Tenant(defendant) . This cannot be modified. The court may allow the addition of a party but you as the new owner cannot just assume the position of the original plaintiff. If the eviction has been filed, I would suggest waiting until it is resolved to close on the property
If an owner has given tenants on a month-to-month lease a 60 day notice to terminate tenancy and then I buy that property before that 60 days is up, is the time period still counting down from when the notice was given?
YES....60 day count-down keeps going.
For double points, what about an eviction process? If I buy a property that is in the middle of an eviction, do I have to refile because I'm the new owner, or do I just continue with the timeline of the former owner?
So long as the original eviction filing was done property, you can keep going with the same eviction process.