What is the legal process for evicting tenants after trustee sale auction? How much time would it take in case of an uncooperative tenant? Does it make a difference if their lease is dated before the NOD? These questions are for Dublin, CA. Thank you.
Hi Monty,
If their lease is dated prior to the Notice of Default then you would need to honor the terms of their lease. That would also mean that they would need to pay the monthly lease payment. If they are on a month to month agreement you would be required to give them a 90 day notice to vacate. Although it is reasonable that they would have to pay the fair market rent on the property during the 90 days the statute is silent on that matter. You could not start an eviction until after the 90 day has expired. It would appear that you could pursue the collection of the rents in small claims court.
Michelle,
If the tenant has a bonifde 12 month lease prior to the NOD date, if the house goes to foreclosure and a 3rd party purchases the home, is the tenant REQUIRED to pay the 3rd party fair market rent for the remaining druation of the lease? What if the tenant refuses to pay the rent after the 3rd party purchases the property? As an agent out in the field, my experience is 50% of all residential leases are 12month rentals, the exception of course are these sorts of leases where the owner is and has been in financial trouble in the past and may just quickly throw a tenant into the property, bonafide or not. My question is direction only for the state of California.
Hi Jack, If the tenant has a valid lease dated prior to the Notice of Default then you must honor the terms of that lease. This also means that they must pay the agreed upon amount as outlined in the lease agreement. Since they have asserted the terms of the lease and if they do not pay you would then need to serve them with a 3 day notice. Once they have asserted the lease then you are no longer obligated to give them a 90 days notice. Since the lease must be signed prior to the Notice of Default and it is taking on average over 200+ days in most areas from the filing state of the Notice of Default through the trustee sale the lease would be due to expire within a few months. If you are reaching out to a tenant I would not ask them if they have a lease that predates the Notice of Default. Simply ask them for a copy in the event that there is something fishy going on with the tenants and the prior owner.
Michelle,
That may have been true before, but I’m afraid to ask, is it still true? http://www.centraldistrictinsider.com/2012/03/15/516/
That link shows that even if the tenant is non-paying month-to-month 90 days notice must be given! Is that true?
A Superior Ct. ruling “normally” can not be used ass a cite for precedence the way an appellate ct. ruling can. Other Judges can take note of it - but wouldn’t be bound to follow it - especially courts outside that district. Problem is - it wouldn’t pay to appeal since the law sunsets at the end of this year.
PTFA sunset date was extended by 2 years to Dec. 31, 2014 in Section 1484 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. It passed both houses and was signed by Obama in July 2010.
We are in the process of buying a trailer, for back taxes, that has a squatter living in. we will not own the land and will be moving the trailer - do we have to give the squatter any notice or time to vacate - the squatter knows about the sale of the trailer and has been told by the landowner that they should be packing… can we seize the property that day?? Thank you for your help! we live in PA, if that matters…
So this is a ready for the road “on wheels” mobile home? Hmmm?
Regardless, I think you need to follow protocol – a three-day notice and an unlawful detainer if he does not opt to leave. Usually best to negotiate a modest “cash for keys” whereby your occupant agrees to leave the property, in broom-clean condition, within a reasonable time (part of the negotiation) for $X amount. Some will make their $4Keys as a stipulated judgment in conjunction with an unlawful detainer (UD) action. $4Keys, is often a quicker, better, and less costly strategy, vs following through with a full UD action. Albeit good to keep the UD “on the table” as leverage until/unless the occupant performs under the $4Keys deal.
All that said … I’d be tempted to give him a 3-day notice and tell him he can stay if he likes, but you’re hitching up on Tuesday and moving to an “off the grid” plot of land … “a desolate spot somewhere near Death Valley.”
What happens in case the lease is signed after the Notice of Default? ?What is legal procedure for evicting a tenant who might be paying less than fair rent but might have valid lease agreement signed after the NOD was filed?