POST-FORECLOSURE:
When a property is acquired through foreclosure, the process of obtaining possession begins with serving an official eviction notice, known as a Notice to Quit. This notice must be accompanied by a cover sheet containing specific language mandated by California Code of Civil Procedure section 1161c. The required length of the notice varies depending on who is occupying the property. In most cases, the previous owner of the foreclosed property must be given a 3-day notice to vacate, while other occupants are generally entitled to a 90-day notice. However, there are exceptions to this rule. For example, if tenants were legally residing in the property under a fixed-term lease agreement established before the foreclosure took place, they may have the right to remain for the remainder of their lease term, even under new ownership.
It’s important to understand that unlike eviction notices in typical landlord-tenant situations, a post-foreclosure notice does not provide occupants with the option to rectify a breach or pay any outstanding amounts to avoid eviction. Therefore, the critical factors in determining a successful eviction after foreclosure are the correct duration of the notice period and strict adherence to the legal procedures for recording the new ownership title and properly serving the eviction notice.
INVESTMENT PROPERTY:
Investing in non-foreclosure properties often means inheriting existing tenants, including those with fixed-term leases and those residing under more informal tenancy-at-will arrangements. As the new owner, you are legally obligated to honor the terms of any pre-existing lease agreements, including adhering to the specific notice requirements for terminating those leases, which can vary based on the duration of the tenancy. Furthermore, you may encounter situations where tenants who are reluctant to vacate raise claims of uninhabitable living conditions or assert that the eviction is retaliatory in nature. These claims, even if ultimately unfounded, can complicate and prolong the eviction process.
Our experienced legal team is dedicated to assisting property investors in navigating these complexities. Whether you’ve acquired a property through foreclosure or purchased it on the open market, we can help you gain full possession and control of your investment, ensuring a smooth transition and protecting your rights as the new owner.
