Tenant Eviction when No Lease Agreement

Asked over 1 year ago - 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.

Additional information

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

Attorney answers (2)

  1. Robin Mashal

    Contributor Level 19


    Lawyers agree


    Answered . 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. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyer agrees


    Answered . 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... more

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