Using prior owner to remove tenant in less than 90 days?


#1

I purchased a property at foreclosure auction and have cultivated a good working relationship with the prior owner that is still in residence.

We have come to a mutual agreement of when he will be moving out. However, he has a tenant renting a room on a month-to-month agreement. My understanding is that if I evict the tenant, I must legally provide 90 day notice to evict the tenant that is renting the room.

Since I have a good relationship with the prior owner, and the rental agreement was created between him and the tenant, can I have him evict the tenant, which would only require a 30 day notice? (instead of 90 days)

BTW, this is in California


#2

Under the Protecting Tenants in Foreclosure Act, you are obligated to give a renter 90 days notice if they are renting on a month-to-month tenancy; or honor the terms of the lease, provided it is a valid lease, with fair market rents, and signed prior to the Notice of Default. If the renter fails to pay, under the terms of that lease, then you would have the right to evict them with 3 days notice, for failure to pay.


#3

Kim, Thank you for providing an answer. However you have not provided any information that was not already mentioned in the question, nor did you address the question asked.

I will restate the question for clarity. Can the prior owner (still in residence) terminate a month-to-month rental agreement with his tenant?


#4

Can the prior owner (still in residence) terminate a month-to-month rental agreement with his tenant?
No, the prior owner forfeited any control of the property/lease agreement at the time of the Trustee Sale. The prior owner cannot terminate a month to month rental agreement with his prior tenant, even if they still reside in the property.