Post California Tax Deed Auction Question

[Raymond C.]

Hi,

I recently won a property/land in a county in California with a mobile home on it.

I live about 3 hours away and when I went last Friday to visit the property, the PG&E (electricity meter) was still on and I heard a phone ring inside the house. The window blinds were all closed. I couldn't confirm if it's occupied, but I talked to two neighbors and they said the elderly owner died in 2015, but the sister visited the property a few times after, but not recently. Before I left, I put a note on the door indicating there's a new owner and left my number. By the looks of the outside landscaping and minor defects of the house, it does seem like it has been unoccupied... I'm just waiting until the county records my name on the deed and I will go and visit the property again to secure it. 

But my question is, IF someone is actually occupying the mobile home, can I change the locks and the electricity over to my name, essentially locking out that person who will be technically "squatting" since the actual owner died awhile ago and I as the new owner don't have any contract/ lease/ rental agreement arrangements with? Will I be violating the law in terms of wrongfully evicting if that's the case? 

Conversely, if no one is occupying the mobile home, but the previous deceased owner's stuff is there, and her sister just locked the doors and visits once in awhile, can I just toss the deceased owner's things away? How would one go about securing the property legally? Thank you in advance for any insights. 

[Bruce Lynn]

You need to talk to attorney.  I don't know anywhere you can just change the locks and utilities and essentially lock someone out.

Did you buy the land and mobile, or just the land?

If you just bought the land, then your attorney would probably want to give notice to the owner of the mobile to move it.

If you bought both, then your attorney would probably want to evict them OR....depending on what you want to do with the property, maybe you lease it to them, and start collecting rent.

If it is the old owners stuff....which seems doubtful, as someone is pay utilities and phone bill, then your attorney would probably want to contact the executor of the estate and give them notice to remove the personal property.

You start tossing stuff, and I that's always the time when it "becomes" valuable sentimental items that are irreplaceable, and you may get to pay a lot of money to replace these special and rare items, even when it looks like junk to you.

You know how tough landlord/tenant laws are in San Francisco, and many of these extend across the state.

You might see if there are in REIAs in your area that discuss landlord tenant laws and attend those sessions.

You might also look at https://sfrb.org/landlord-tena... and see if there is anything of interest there for you.

[Rachel H.]

@Raymond C. Once you have ownership, you should be able to put all utilities in your name and change the locks unless someone is physically in the home living there at the time you do it. Investors I've known who've had these types of issues in the past usually try to pay the person to leave or go through the eviction process, if they're squatting in the home illegally. 

Aside from an attorney, you may also want to talk to some property managers in the business to see what their experience has been in these types of situations and what they've done. 

Best of luck with everything! 

[Rick H.]

Once you have established title by recording the Tax Deed, you need to follow state and local guidelines to restore possession.

While most eviction moratoria are over in CA, a few still exist (LA City and County that I know of).
Any BS leases that an occupant producer would have been eliminated by the property tax sale, at least you have that going for you.

If it were me, I’d ask your local eviction attorney if it advisable to enter the property with a locksmith under the guise of a wellness check. You never know what you’ll find! (Don’t expect any Forrest Gump, life is like a box of chocolate moments).

If it appears occupied by a living individual (squatter, etc.) it’s better to have a direct conversation with them knowing they will be highly unlikely to keep any promises.

Then, have the eviction attorney handle the matter going forward. You have more to lose than gain otherwise.