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Updated 11 months ago,
PURCHASED MY FIRST PROPERTY, CURRENT OCCUPANTS REFUSE TO MOVE OUT
Greetings BiggerPockets community,
I finally purchased my first property and I'm seeking guidance on my complicated situation. The issue is that I bought a home from a distressed seller whose son refuses to vacate property. FYI I'm located in California, and I understand that evicting prior tenants can be fairly difficult. The situation is the father/seller was previously renting out the house to his son until he stopped payment according to seller around August 2021. The seller than filed for a 60-day notice on 11/17/21. I'm not sure if the tenant applied for COVID rent relief, but the program had ended in end of March 2022. The tenant refused to move out after 60-day notice and the tenant has also ceased to pay the seller since then and up until current date. The seller had a lease with the son since 2013 which i believe is expired by now. There is no current lease in place and the tenant has now become a holdover tenant. I closed on the property as of 10/17/22 and have reached out to the tenant via letter to notify him that the house has been sold and that I intend to occupy it. In my letter I detailed understanding of the difficult situation and offered to help tenant with moving and to relocate in a fair amount of time. I asked tenant if he could work with me and to contact me by 10/25/22 but I have received no response. I understand that now I have to proceed with filing for an eviction. I have tried researching the laws in my state on the eviction process and determining what type of notice would be applicable to the situation. In best of circumstances, I wanted to see if a 3-day notice will be sufficient and valid or if the previous 60 day notice the seller sold would be grandfathered in after the purchase? If there was a current lease, I understand that I would have to respect the terms, but as their being no current lease and previous owner filing a 60-day notice that it would apply to me as well after sell. I have tried contacting a few attorneys and their response from the start was rude and I refuse to work with someone that I cannot speak to about a matter as this. I'm giving them my business and I may have questions that i would appreciate to be answered respectfully and not as if I'm unintelligent. But that is beside the point.
Can anyone please help to give me advice or a referral to a respectable attorney that could aid me in my situation. This is my first property I've ever purchased. I worked hard and sacrificed a lot as a 26-year-old RN to finally own a property and was excited to implement the strategies that I have learned through the biggerpockets community. I understand that I've reached a huge speed bump in the road that I know i will need help. The house was still a good deal with $80,000 in equity, room for improvements, and in the city that I've lived in my whole life. I just need to get past this obstacle and not be too discouraged. Thank you for taking time to read my post and hopefully someone can point me the right direction. Thank you in advance.