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Bank owns my condo after forclosure, bank is allowing me to stay until May 6th and at that time I will hand over keys with an

Oak Park, CA |

inspection and will be given $3000 since property has been kept clean. I had a friend move in paying rent until move out date for approx. 1 month under the asumption that she would have to leave once the bank took over (verbal agreement) which she agreed to and now she won't leave and states she doesnt have to leave because I"m not the owner. PLEASE HELP!!!

Thank you for your response, much appreciated! Question....she brought her bedroom furniture and the verbal agreement between us was she would leave when the bank advised that we would have to move out. She paid 1 month rent and hasn't paid anything else and now states shes doesn't have to leave because I don't own the condo anymore. She leaves in the morning and returns late at night and will not give me the key and again states she is not leaving. I have known her for 45 years, but not good friends. Can I have her furniture removed, can I change the locks without legal percussions. I really need to obtain the $3000 the bank has offered. PLEASE call me if possible, any advise would be much appreciated. Thank you

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Attorney answers 2


The issue is whether she is a bonafide tenant. You need to personally consult with a landlord tenant attorney in your area. She may be right. The bank may have to give her 90 days notice to terminate her tenancy provided she pays rent. You, or your attorney, may have to further negotiate a resolution with the bank and with the tenant. Good luck.

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I presume you still reside in the home and that you let her move in as a roommate. I also presume she is now making threats of violence. ;) Go to court and get a temporary restraining order (TRO) against her. Then, call the cops and have her removed for trespassing and/or violating a TRO. It doesn't matter that you are no longer the record title "owner", so long as you are still in rightful possession of the property and have not yet relinquished possession to the bank.