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What is the process in removing an occupant after a probate sale?
Anonymous2 views4 answers
My wife and I are interested in a probate home for sale in Los Angeles, California. We are not sure of the process needed to remove a tenant from the home if we are successful at acquiring it trough the court. We were told by the listing agent that the tenant is non-compliant and that we would be responsible for evicting the person. Want to know what we are in for and wheter a probate sale is right for us.
As the new owner you will have to file an unlawful detainer against the tenant to remove them from the premises. They will likely not pay you rent during that process. The cost of the unlawful detainer will likely be $3,000-$5,000. There is no guarantee they will not destroy the property before they leave. If it is a good price and a fixer anyway, it may be worth the time and expense. Otherwise I would be cautious.
You would need to initiate an Unlawful Detainer action against the tenant if they do not move out after giving them a 30 day notice. You first need to give them a notice to terminate their tenancy and that would be with a 30 day notice. If they do not move out, then on the 31st day, you need to give them a 3 day notice to quit or pay rent. If they still don't respond, then you need to file an Unlawful Detainer petition for eviction.
As the other attorneys have mentioned, your legal recourse would be to file an unlawful detainer action once you become owners of the home.
However, from a practical standpoint, we have often been able achieve much better results with tenants by offering them incentives to leave. For example, moving expenses of $2500 if voluntarily vacated in 30 days, 60 days, etc. (depending on your timetable) offered during or after escrow (with a reduction in the amount for each day over the initial deadline period, and conditioned upon the premises being left in good condition) - has been extremely effective in some of our probate cases. The outcome was that the owner was able to get the property back in less time and often with less expense than filing an unlawful detainer right off the bat. The side benefit is that a cooperative tenant vacting causes less damage and the situation is overall much less stressful for all parties. This was a great tool we learned from an investor client of ours.
You should have a real estate attorney advise you about the unlawful detainer, or to make contact with the tenant to help you make any offers for relocation funds and prepare the settlement agreement documents if the offer is accepted. I would not advise anyone who is inexperienced with these actions to try this themselves. You need the attorney to help you make sure it is handled properly, as there are many traps for the unwary, especially with notice period requirements and additional regulations specific to certain cities with rent control and tenant protection laws etc.. You will need the professional advice of an attorney knowledgable in your area.
