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Tenant Eviction when No Lease Agreement

Torrance, CA |

I have bought a house in California, in which a three different renters are already living in. These renters do not have standing lease agreements with the previous house owner. How should I proceed to evict the renters? Assuming that all negotiations have failed.

The house was acquired through foreclosure and it is Oceanside, CA, which is I believe does not have rent control.

Attorney Answers 2


  1. Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    What city is your property located in? Is your property subject to a rent control ordinance? If your tenants have no existing lease, they are considered month-to-month tenants. Without rent control restrictions, you can evict a month-to-month tenant with a 30-day or 60-day notice to quit, depending on your long they have already resided on the premises. With rent control, the analysis would be more involved. Be sure to consult your own attorney to protect your legal rights.


  2. Your post is missing key information. Did you purchase this house through a foreclosure (trustee's sale), or a regular transaction. It makes a big difference in terms of what rights the alleged tenants have.

    Also, as Attorney Mashal indicates, the answer will also depend upon whether the property you purchased is subject to rent control.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.