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I am purchasing an REO with a tenant who has a lease until 2014. Can I evict the tenant since I want to live in the property?

Ladera Ranch, CA |

I am aware that the tenant and their lease will be my problem upon close of escrow. I was told you can evict tenants upon purchase if you plan on moving into the property, which I do plan on. And if the property is a foreclosure, you must give 90 days written notice? Is this true in Orange County, CA?

Attorney Answers 3


  1. You are correct. After foreclosure, a buyer who plans to live at the premises may evict a tenant who is there under a fixed-term lease. You need a 90-days written notice.


  2. 90 days written notice given AFTER the foreclosure sale is complete.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  3. Yes, you must give them a 90 day Notice.

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