Eviction for Seller in Possession in California

Eviction for Seller in Possession in California

Red Bluff, CA · Member since 2013 · 28 posts · 3 votes

I recently bought a house in California through a Realtor who included the form "Seller in Possession Addendum" as part of the contract. It was a 60 day escrow and the addendum stated: "Term: Seller to remain in possession of Property for 30 calendar days After Close Of Escrow. Seller has no right to remain in possession beyond this term and may be responsible for court awarded damages if Seller does remain." It is now day 29 in the seller rent back and the seller has not moved a speck of stuff. I was informed by my legal assistant that I had to serve the seller with a 30 day notice to vacate. I thought that I could just serve the seller with a 3 day notice since we did not sign a month to month agreement. It was only an agreement for the seller to stay for 30 days after close of escrow. Is my legal assistant correct? I am not a good outside of the box thinker, but I even offered to move the seller's belongings using my own labor and didn't get a definite response. Please help. I am ready to remodel and turn it into a rental. I am at risk of losing at least a month's rent and at least 1 mortgage payment.

0Reply
39 views

7 Replies

Jump to latestLatest
  • Investor and Architect · Ramsey, NJ · Member since 2010 · 305 posts · 84 votes
    10y

    Tough spot. Regrets aside just get w a good atty and start the eviction process. Not much more you can do. 

  • Residential Real Estate Broker · Long Beach, CA · Member since 2015 · 39 posts · 27 votes
    10y

    The Seller/Tenant is not an "at will" Tenant (month-month) which requires a 30 Day Notice if they have have been in the property for less then a year, and 60 Day Notice of they have rented for a year or more.

    The Seller In Possession (C.A.R. form SIP) form is like a lease as it has a definitive termination date. You should serve the Tenant a Notice to Quit. No 30 day notice required.

    Good Luck!

  • Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    10y
    Minnie,why don't you go by the house and wish them a Bon voyage and ask if they need any help?They will refuse of course but you can use it as an excuse to see if they will be gone in time.Take them a little gift basket or a bottle of wine to keep them happy.
  • Member since 2023 · 1 post · 0 votes
    3y

    i have the same problem i signed one and I'm not a land lord by choice i signed that thinking i can go in with a key they never brought to closing i had to pick up the key at the seller realtors the seller daughter still in the house not the seller i have not even been in the house I'm to old I'm 65 and on ssi  to let people live rent free the whole ordeal  is so draining  and they never got renters insurance i text there realtor for there insurance he send me home owners I have home owners insurance i said they need renters insurance i told him I don't want to be liable for them he never sent it i ask can I come in to make sure everything is good seller daughter said everything is fine  and shes to busy to let me come with running to the hospital and seeing her mom and packing 60 days on my dime no rent cause i was supposed to move in that house there are leeks in the house that she cant see i would of like to get those leeks fixed my inspector told me about the leeks can i get them out for not having rental insurance and not allowing me to fix the leeks.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.