Thank you for using JustAnswer. I'm sorry to hear about your situation. The first thing that you need to do is contact the HOA and see under what authority they leased the premises. It's entirely possible that they also foreclosed with an HOA lien subsequent to yours, or maybe yours was after theirs, etc... But the point is that they clearly have some belief that they have the right to rent the property out to someone, and prior to filing eviction
there may need to be a "quiet title action" to determine true ownership of property. If you try to evict, and you do not have the right to evict, the tenants could come after you for wrongful eviction. So you want to make sure that you have the right to evict. Assuming that you are the sole owner of the property, per your questions:So am I entitled to evict tenant? - Yes. If the "tenant" that purported to rent out the property did not have the right to rent it out, then the lease is null and void, and you can evict the tenants. If they complain, they'll have to bring their complaints against the HOA.Do I get to inspect property now? - Not really. That is, you are not the landlord, which means you don't have a right to inspect. It is somewhat ironic that if you were the landlord you could tell them that you will enter the property within 24 to 48 hours notice, but you don't have that right with "squatters".Who is entitled to rent and security deposit? - Technically you would be entitled to the rent, if it's your property. The security deposit is still the property of the tenants unless it could be shown that they damaged the property or skipped out on the rent that they should paid.Should I accept rent payments if I am evicting? - No. That could be seen as affirmation of the lease and could cause the judge to deny the eviction.Was HOA entitled to lease?- It does not sound like it, but again, they could have good reasons for doing what they did and you want to make sure that you understand their position before you try to evict the tenants. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!