Legal Question in Real Estate Law in California

Purchased/Closed on home 4/25. Made informal agreement with seller, via both agents/brokers, they had until 6PM on 4/30 to be out of home. As of that time, they are only approx. 75% out of the home, and see to have no urgency to complete the move. Does Tenant/Landlord Law apply, or due to there being no formal agreement of extension after closing, are they considered unlawful occupants/squatters? What options do I have in terms of changing locks, denying access, property relocation?


Asked on 4/30/14, 4:52 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you consented to the seller to remain in the property after closing, then they are tenants at will and have to be given a 30 day notice and evicted using an unlawful detainer action. If you consented in exchange for rental or a kickback in the purchase price, the law would consider them normal tenants and you could probably use a 3 day notice, but would still have to bring an unlawful detainer action to force them out.

If they are 75 percent moved out, I suggest they might just need a few more days, rather than looking at legal options that will cost you money and aggravation in the long run.

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Answered on 5/01/14, 7:12 am


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