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Can a new property owner sign a notice to vacate if they were not the ones to sign the rental agreement?

Red Bluff, CA |

I am purchasing a home from my aunt, but she has a renter who is also her ex, so they are causing all the problems they can. As of May 10th the paperwork will be completed and the home will be mine, at that point in time will I be able to issue her a notice to vacate even though I didn't sign the rental agreement?

Attorney Answers 3


  1. Taking over the house means taking over the lease. You will then be able to serve a notice to quit as the original landlord's successor in interest.


  2. Of course.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. As the new owner of the property, you also become the landlord. If there is a lease, you will need to comply with its provisions. If not, then depending on how long they lived there and whether they are paying rent, you might be able to initiate the eviction process using a 3 day, 30 day or 60 day notice.