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Seller's Tenant

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A

ARA

Guest
What is the name of your state? CALIFORNIA

I just recently bought a house and is due for escrow closing in 5 days. Seller's tenant doesn't want to move out, saying that they were only notified 3 weeks ago, and threatening to sue. Do I have the right to evict them in 1 week? Can I demand for them to pay me my actual mortgage (or more) if I make them stay from Jul. 1 to Jul 15????? By the way, the tenant and the seller of the house don't have a written agreement.
 


FarmerJ

Senior Member
If the seller of the house has no written rental agreement Insist that your closing be moved or delayed and that the seller write a eviction letter imediately . with no written agreement the renter In most places 30 days notice to vacate and If you purchase the home your going to have to do the same thing . http://www.taxyear.com/tenants/evictlaw.html http://www.mv.com/ipusers/nhpoa/caevict.htm google .com search features came up with these . Last do consult with a attorney to make sure you can get this done right .
 

HomeGuru

Senior Member
ARA said:
What is the name of your state? CALIFORNIA

I just recently bought a house and is due for escrow closing in 5 days. Seller's tenant doesn't want to move out, saying that they were only notified 3 weeks ago, and threatening to sue.

**A: they have a right to sue because they were not given proper written notice that their m/m lease was terminated.
*********
Do I have the right to evict them in 1 week?

**A: no, read the applicable L/T laws.
*******
Can I demand for them to pay me my actual mortgage (or more) if I make them stay from Jul. 1 to Jul 15????? By the way, the tenant and the seller of the house don't have a written agreement.
**A: what does your contract state? There should be a section on rental status, lease agreement, occupancy etc.
 
A

ARA

Guest
NO CONTRACT

I spoke to the seller and the tenant and they both admitted there was no contract/lease from the start. THey were notified 3 weeks ago, and by the time we close the escrow it will be "a month notice". Problem is, seller is renting this property for $900, and i would have to pay $1550 mortgage. When tenant spoke to seller about an extention, seller told tenant to speak to the "new owner". My husband and I are just renting a room and it's really a hassle. Is there anything I can do about this?
 

HomeGuru

Senior Member
Re: NO CONTRACT

ARA said:
I spoke to the seller and the tenant and they both admitted there was no contract/lease from the start. THey were notified 3 weeks ago, and by the time we close the escrow it will be "a month notice". Problem is, seller is renting this property for $900, and i would have to pay $1550 mortgage. When tenant spoke to seller about an extention, seller told tenant to speak to the "new owner". My husband and I are just renting a room and it's really a hassle. Is there anything I can do about this?
**A: my post referenced a contract and this contract would be the purchase/sale contract not any tenant rental contract.
 

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