Legal Question in Real Estate Law in California

We are purchasing a home and the current tenants won't leave


Asked on 3/15/11, 3:10 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I wouldn't leave either, if I had a lease for a fixed term. Maybe you should repost with some more facts.

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Answered on 3/15/11, 4:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As Mr. Roach's answer indicates, you may have just bought yourself an income property. When real estate is sold, the buyer takes title "subject to" existing leases. Otherwise, how would major office buildings and shopping centers ever change hands? It works the same with single-family homes. (If the sale is a foreclosure, the result may be different, because the rights of the deed of trust holder are usually senior to the tenant's lease rights. Or, if your tenants are on a month-to-month rental agreement, you can give notice and run the eviction process. I'm a bit surprised that this issue hasn't been discussed already in your purchase process, either by the seller or one of the brokers involved.

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Answered on 3/15/11, 7:17 pm


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