Need to evict tenant after property purchase

[Ed B.]

I'm about to buy a house in which squatters are living. Located in California. Does anyone know if I have to give a 30 day notice before filing eviction, or can I give a 3 day notice to get the h*ll out? :)

Thank you

[Jay DeCima]

Ed

You will be fine.  I have done this kind of eviction many times in Calif. over 50 years of investing with 250 homes.

I assume you are getting a good deal because of this situation.  My advise is to quickly turn this problem into an expense so you don't have the problem.

How? Get a local eviction attorney.  Ask around at your courthouse for that county.  Almost every county has 2-4 attorneys that only do evictions. Probably cost you less than $1000 including the Sheriff lockout.

The attorney will have the 3 notice served, then file the eviction.  I am sure he/she will include this form, but  make sure......... Prejudgement Claim to Right of Possession.  This is included with the eviction Summons and Complaint served to the tenants.  This form says to the inhabitants, "if you are not specifically on the lease or rental agreement, I want to fill out this form to put me on it".  

Think about this.  If they do not fill out the form, they have no standing in the eviction.  If they do fill out and file this, they are telling the court that THEY WANT TO BE ON THE LEASE TO GET EVICTED.  I have simplified this but realize, there is no way a squatter is going to file this to be put on the lease to be evicted.

Don't loose sleep on this one.  Just evict them.  BE SURE TO HAVE THE HOUSE SECURED AND LOCKS CHANGED AFTER THE SHERIFF LOCKOUT.  Depending on the area get the place fixed up and rented quickly.

Have fun.

Fixer Jay DeCima.

The Sheriff will post a notice of when the lockout will be.  Keep this posted on the house after you retain possession in case a squatter comes in.  The police will see they do not live there and subject to arrest.