HELP - Tenants won’t leave

[Jenny Elomaa]

URGENT HELP NEEDED!

My husband and I bought a SFR that was a rental. The sellers gave a 30-day notice to the tenants and it asked them to leave by 5/9. The title was recorded 5/11 so from that the tenants legally have three days to move out (today is the last day). We were supposed to get the keys and move in this afternoon, but our realtor just called us and said the tenants want until next week. (They were originally supposed to be out by Mother's Day but they kept asking extensions. Sharing this info so you get the picture: tenants keep asking extensions to leave… Red flag).

We told our realtor that we’ll be there today at 5pm with the sheriff (we’ve spoken with the PD already) and new locks. The sellers - who provided our lender a statement of promising to deliver a vacant home - informed the tenants that they need to be out or we’ll be there with law enforcement, but according to our agent they’re still not budging.

What can we do? Is it legal for us change the locks? We never agreed on ANYTHING with the tenants or sellers, no lease back, nothing. The tenants got the appropriate notice to vacate from the sellers, their landlords. Is going through eviction the only way?

I have a 1yo and 3yo, no family here, and we need to vacate our apt tomorrow. I’m sure we could stay an extra day, but the point is that these people have textbook squatter behavior and we want to be firm so they understand that they HAVE to leave.

We’re in California.

Thank you!!!

[Terrell Garren]

Sorry, you cannot change the locks.  You will need to follow the CA eviction process, or you will be the one explaining to LE.  Never close on a house with residents that need to leave unless you build the PITA factor into the offer.   You will need proof that they received the 30 day notice or the clock will restart. I'm thinking CA has a 60 day notice requirement but I'm just guessing.  If they are malevolent and smart, you will have your hands full and lucky if they are out in 4 months.  An offer of cash for keys may be an option but schedule the meeting beforehand and do not go alone. No cash until they leave and locks are changed.  I hope the best for you.