squatters or friends of previous owners


#1

What are the rights of tenants that are friends of the previous owners? Purchased the house last week and tired cash for keys. Should I served a 3 day or 30 day notice to get the ball rolling


#2

It will either be a 3 day notice or a 90 day notice, not a 30 day notice. If you know they are friends or related to the trustor, then they would bot have the rights of a bona fide tenant. Be sure you know which 3 day notice to file. Should get their attention. If they claim to be tenants, then ask for the rental agreement and copies of cancelled checks or rent receipts.


#3

Thank you Richard. I was going to call the attorney that said to file a 30 day and ask him to clarify (don’t understand the 30 day?). I do understand that I am a novice when it comes to tenants and squatters. My real estate agent only knows the bank’s protocol and he thinks we should just wait and see? What type of 3 day notice are you referring to? I know my city just adopted the same legislation that protects tenants (like San Fran). I do know the current occupants expect more then 1000 for cash for keys but I would rather spend that on lawyer fees if I knew I could work on the horrible pink paint job and the outside landscaping while we work through the legal system. There is no lease- only wanting more money. Can I serve a squatter a 3 day notice? Any advice. I have looked everywhere…


#4

If you don’t know their relationship to the trustor, you could serve a 3 day notice per CA CCP 1161a & 1162. If they don’t respond, you could get a default judgement. If they respond, then you will have more clarity as to who they claim they are. You definitely need a good evicition attorney to help you.


#5

I missed some steps. If they do not move out in 3 days, then you would file the UD complaint, then they would respond or not. You need a lawyer for this.