It can be done under agreements that can vary from having the first tenant being held responsible, as in the case of simply sub-letting, or the owner could agree to only hold the tenant in possession,which is not so likely.

But I have used a CFO (Contract for Option to Purchase) for many years.I wrote about the CFO here http://www.biggerpockets.com/blogs/3/blog_posts/25788-cfo-and-a-leaseRE: The CFO - The key to this is you use - a lease and - a contract for option to purchaseIt is a landlord tenant relationship with the leaseYou have to finish the lease as a condition for the CFO.The Option is drawn ahead of time and held in escrow for the buyer, and the buyer has a short time to get the mortgage.The Option is not in the possession of the end buyer until the lease is finished (addresses the equitable interest issue).Conclusion:If you are Licensed in California:Do not close LO assignments on the kitchen table with no witnesses or notary.Realize that the courts will always side with the inexperienced Seller or TBer and not you the REIDo close these in the Attorney's office in California with all the disclosures and releases of liability.There are alot of lawsuits in California.

If you can convince the HOA to file for this and the judge agrees, the court will order a separate third party to take possession of the property.

RESIDENT UNDERSTANDS THAT IF POSSESSION IS NOT TAKEN ON THE DATE SPECIFIED IN THE LEASE AGREEMENT THAT THE Holding Fee  WILL BE RETAINED BY MANAGEMENT AND WILL THEREFORE BECOME NON-REFUNDABLE, IN ADDITION, THE LEASE WILL BECOME NULL AND VOID AT MANAGEMENTS OPTION. 

Also tell the judge that they've been constantly late, here she may give you an immediate possession vs a 10 day.

How do I take possession/break into unit legally?

To follow up on my prior post...I closed and took possession of the property I won at auction on Thursday.

Evict based on non payment of rent or agree and get order of possession “instanter” if they break the court ordered agreement.

Could/would you have had the current tenants be gone before you take possession?

In a foreclosure, the lender takes possession of the house and as a result, the homeowner is no longer a party in the sale.