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Updated almost 10 years ago on . Most recent reply

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Grace D.
  • Investor
  • Redondo Beach, CA
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Buying occupied 4plex, tenants received notice to vacate

Grace D.
  • Investor
  • Redondo Beach, CA
Posted
Hi, I'm a newbie from California hoping to get some advice in buying my first home and investment property. I'm currently under contract for a property which was recently foreclosed. The seller obtained the property from the bank and turned around to sell it. Since current rents are significantly below market and tenants appear less than desirable, I would like the current tenants to move out so I can rehab the units as well and get higher rent. The seller said that they've given the tenants a 90-day notice to vacate on April 15th. My question is, can I rely on that notice and legally expect the tenants to move out by July 15th? Or as a new owner, am I required to give another 90-day notice to vacate upon close of escrow? We are in escrow and scheduled to close on June 15th. Your insights and advice would be much appreciated.

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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
ModeratorReplied

I don't know CA law but 90 days seems like a long time.  Do the tenants have leases?  Were they annual or month to month?

If they have annual leases no amount of notice can get them out.  So if they are valid through March 2016 for example then you can ask them to leave, or offer to pay them to leave, but they don't have to until their lease is up.

If they are month to month than 30 day notice should have been sufficient and I would push the closing until they are all vacated, otherwise the responsibility of eviction will fall on you.  

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