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I am a real estate agent who has a house listed for sale by…

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I am a real estate...
I am a real estate agent who has a house listed for sale by an elderly woman who does not live on the property. Her children and a host of others are living in the house rent free. I have a cash offer on the table. We will close in 30 days. Does she legally need to give written notice to vacate, even though it is family? What if they do not remove all of their belonging when they leave (it is cluttered)? Am I allowed to hire a crew to clean up and throw any belongings out or do I need to store their crap? 1) They are aware that the house is being sold. 2) They do not pay rent or utilities. 3) The house has been destroyed by them necessitating a cash only sale. 4) It has the appearance of Public Storage and hoarders. The seller is an 82 year old woman and I need to protect both she and I. Per the RPA, tenant occupied properties need to be vacant five days prior to close of escrow. I need to also be fair to the buyer and turn over the property in as good of condition as humanly possible.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 12 minutes by:
9/18/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,208
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good morning. Unfortunately, even though they may be paying nothing, they are deemed to be month to month tenants. As such you can terminate the tenancy by giving written notice of at least 30 days (60 days under CA law if they have been there one year or more). If they then do not leave voluntarily, under CA law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you must file an unlawful detainer action for an eviction order. Once that is granted...you can have the sheriff evict them and their stuff. Unfortunately, what you cannot legally do is move her stuff out, change the locks, or avail yourself of any other means of "self-help" eviction until you have that eviction order from the court.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,208
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Customer reply replied 6 years ago
Say they leave as ordered, if they leave personal items behind what am I legally allowed to do with the personal property left behind? Can I hire a clean out crew or do I need to store the junk?
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Category: Real Estate Law
Satisfied Customers: 56,208
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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