Legal Question in Real Estate Law in California

Cash For Keys vs. Sheriff's Eviction

In the case of a foreclosed home

with non-legit tenants fighting for

Tenants rights, the bank is offering

'Cash for Keys' to vacate.

How does a 'Cash for Keys' eviction

usually work?

How does a Sheriff's Eviction usually


If one chooses to forego the cash to

evacuate and instead choose the

extra time alloted for a sheriff's

eviction, does one still get the cash?

What are the tenants rights if they

choose to fight instead? (they've

been tenants since November 2006)

This is in Oakland, CA

Please be as detailed as possible.


Asked on 8/15/07, 8:37 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Cash For Keys vs. Sheriff's Eviction

Sorry, but you don't get detailed information. I have a living to make.

Your facts are unclear. What constitutes "non-legit" tenants?

"Cash for keys" is what it says. It is not an eviction. It means move now, today, pronto!

Sheriff's eviction is a "writ of possession". You have five days to move, and on the sixth day, usually early A.M., the Sheriff's deputies forcibly remove you.

How could you get "cash for keys" when you wait for the sheriff to evict?

I don't know what you are fighting. Again, unclear facys, except if there is already a writ of possession, the fight is over.

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Answered on 8/16/07, 8:03 am
George Shers Law Offices of Georges H. Shers

Re: Cash For Keys vs. Sheriff's Eviction

Mr Bennett is correct,especially that you must give more details. Oakland is a rent control city so tenants do have a large amount of rights, but you are suggesting the people involved were not really rent paying tenants. if they were legitimate renters, then the new owner take the place with them.

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Answered on 8/16/07, 4:14 pm

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