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Seller will not move out of property!

Sherman Oaks, CA |

I purchased a house and agreed to let the seller rent the property for a few weeks while he looked for a new place to live. We are way past the agreed upon deadline and he still hasn't moved. Do I have to evict him since Los Angeles is rent controlled or does that not apply because it is a single family home?

Can I just put his stuff on the lawn if I've written formal notices by certified mail?

Attorney Answers 3


  1. Your house would not be rent-controlled as it is a single family residence, however, that doesn't prevent you from evicting the tenant if he has breached the lease agreement.


  2. You have to formally evict him pursuant to 1161a4 of the Code of Civil Procedure. Consult a real estate attorney.


  3. Do not put his stuff on the lawn. You need to serve a three day notice to quit the property, pursuant to Code of Civil Procedure section 1161a, subdivision (b)(4). If the seller does not move out with the three (3) day notice, you will have to bring an unlawful detainer action against him.

    It does not sound as though the property is covered by the Los Angeles Rent Stabilization Ordinance (LARSO), because it is a single family residence.

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