I bought a house from foreclosure. After almost 3 months the former owner is moving out. They told us that they will move out the first week of 2025 and asked how much we will pay them for keys. We said $1000 if you keep the house in good condition. They have not replied.
Last Saturday I saw that they were moving by a U-hall. Yesterday they were moving small stuffs. They are not living there anymore although they keep the living room light on at night.
If they don’t reply by the end of 7th, can I break the door and change all the keys and utility names? What if the house was damages? I will take video the first time I visit the house.
Hi Cluo, this, like most things is covered in the CA Civil Code. Hopefully, you have already started the eviction process, which you should do even if they agree to cash-for-keys. The reason is to start the clock in case they change their mind. I also typically get the cash-for-keys agreement in writing, with an amount, a date, and an agreement to stipulate the eviction if they do not move as agreed. Given that you don’t appear to have a cash-for-keys agreement, you likely should give notice of abandonment to follow the letter of the law. Alternatively, you could take your chances and take control of the property. If the house is pretty much empty, and they clearly aren’t living there, that is likely what I would do. Regardless, if more than $500 worth of property remains, you will also need to follow the laws around the disposal of that property.
I’d strongly advise you to work with an attorney on these questions, and as part of your decision making be sure to get a clear answer as to the penalties should you choose not to follow the letter of the law.
What is “give notice of abandonment to follow the letter of the law”
I have an attorney. He is very slow and I don’t even know what exactly the condition of the eviction now. He didn’t explain to us in detail. But he said: “I would wait until all their possessions are removed to give them the money and change the locks. Please let me know when that happens and I will file a dismissal on the case.”
But I don’t want to wait. What if the former owner never let us know when they have moved out completely or damage the house? I want to occupy the house the 8th since they told us they will move out the first week of the year. Of course, I also don’t want to break the law.
Hi Cluo,
You need a better attorney. Not an eviction farm, but an actual attorney that knows all the laws and the specifics of handling post foreclosure evictions, abandoned property, etc. The letter of the law on abandonment can be found here.
Do I have to post a 24 hours notice to enter to check if the property is abandoned? I am sure that they do not live there anymore. If I post the notice they may play games with me again…
The law says: b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
So, my take is that if you reasonably believe the property has been abandoned, the law allows you to enter. I’m not an attorney, so that is not legal advice, and again, you really should be working with a great attorney on these things.
Here is the previous owner’s response:" Love your cash offer but it’s not enough for us. I would like you to offer more so the house will be in good condition and we can leave as early as this week. Let me know what you can do?"
I don’t want to offer them more. But I worry about that they will damage the house. I am very tired and angry about the 3 months fight. What is your suggestion? I am sure that they are not living there anymore.
I also sent this to my attorney. I don’t have time to find another attorney.
My attorney said: "
You should let them know that if there is damage to the house, you will sue them for waste and win damages.
You could also threaten to proceed with the eviction. "
He didn’t say if I can’t break the door.
I am sure that they already rent another place and do not live there anymore.
I can’t be blackmailed like that. Can I break the door now?
My attorney said:"
No you cannot.
You can post a Notice of Belief of Abandonment on the property and if they do not provide written evidence to the contrary within 18 days, you may take possession."
I checked section 1951.3… It is all between tenant. The former owner is not my tenant and there is no lease agreement between us.
I have always understood that the former owner becomes your tenant under the law. Otherwise, none of these laws would apply, yet they clearly do.
It seems like you are looking for me, or someone on the internet, to tell you what to do, and absolve you of the consequences. That’s not going to happen. It seems you have a clear picture of what the law requires, a pretty clear exception that applies if you believe the property was abandoned, and some choices to make. You can be aggressive and enter the property, determine it to be abandoned (take lots of pictures) and lock them out. Or, you can be conservative and continue the eviction and then try to sue them if they damage the property. Or, you can just give them more money and be done. I’m sure there are other possibilities as well. Let us know what you decide and how it works out.
The attorney also send me similar message. Now I think he is not bad.
But I am in a really big trouble now. We offered the previous owner $2000 and told them that the attorney said if they damage the house, we can sue them. Here is his reply:
“Go ahead! I didn’t said anything about the condition of the house! However, we were in the process of remodeling the home when it got foreclosed! So! Tell your lawyer to sue me because I don’t have any issue with it!”
He actually said that he will leave the house in good condition when he asked for cash.
We offered them 2 months free stay, $3000 cash for key agreement at the beginning, and holiday gifts. We were super patient and kind. How can I protect us?
Did he say that in writing? Or verbally? If they have moved out and are threatening to damage the property, I think that would significantly strengthen your case before a judge for entering, securing the property, and locking them out. Still the same options as before I’m afraid, and little you can do to protect yourself other than securing the property.
These are all in email. I asked my attorney but he has not replied. I sent a police report to police department a moment ago. Not sure if they can help.
My eviction condition from attorney’s email yesterday is:
"The Default docs have been filed.
Once the Judgment is entered, I will have the option of filing for a Writ of Possession, which once served, gives them 5 days to move or be forcibly removed. It establishes your right to the property.
I will let you know how the timing goes."
The attorney said:
"I highly advise NOT changing the locks. You are proving a cause of action to the former owner.
The UD judge considers possession only. He has no authority to let you take action due to damages.
The police will not help on a civil matter.
You are dealing with the normal ramifications of buying a home at foreclosure."
And there is no response from the owner.
I was too nice, so the former owner think that he can control me. Once we told him that we can sue him if he damages the house then he was mad. I should have listened to my husband don’t tell him that and just give him money.