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Updated almost 6 years ago on . Most recent reply

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Jonathan Smith
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Buying a duplex; question about current tenant

Jonathan Smith
Posted

I am a first time home buyer and landlord in a non-rent control city in CA. I am in escrow for a duplex and plan to live in one side and rent the other.

The side I plan on moving in contains tenants that have lived there for over 4 years. It appears they are not happy about the sale of the house (it was rumored they wanted to purchase it).

Along with seller's disclosures, I was given their lease from 2016 (the most recent one they signed) that has since expired. I also have an unsigned lease that indicates the current amount they are paying, and indicates it is month-to-month. The sellers have agreed to issue a 60-day notice to the tenants upon the removal of my inspection contingency, which I would like done so I can occupy the house.

One of them is an attorney and filed an addendum with their estoppel to indicate a few things about the lease. The estoppel contains:

  • An acknowledgment of the increase in rent
  • An assertion that the landlord and the tenant discussed a new lease last fall, and the tenant is "informed" and believes one was drafted
  • An assertion that the tenant stated they want to stay another year

My question is: will any of this get in the way of them being evicted in 60 days? I know CA's rental laws are fairly geared toward the tenant

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