Evict a tenant
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Evict a tenant (by KP [CA]) Aug 10, 2017 11:45 AM
       Evict a tenant (by S i d [MO]) Aug 10, 2017 12:19 PM
       Evict a tenant (by S i d [MO]) Aug 10, 2017 12:24 PM
       Evict a tenant (by Jim in O C [CA]) Aug 10, 2017 12:25 PM
       Evict a tenant (by KP [CA]) Aug 10, 2017 2:57 PM
       Evict a tenant (by Mike45 [NV]) Aug 10, 2017 4:06 PM
       Evict a tenant (by Robert J [CA]) Aug 10, 2017 7:33 PM
       Evict a tenant (by KP [CA]) Aug 14, 2017 3:14 PM
       Evict a tenant (by KP [CA]) Aug 14, 2017 3:14 PM
       Evict a tenant (by Robin [FL]) Aug 14, 2017 4:03 PM

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Evict a tenant (by KP [CA]) Posted on: Aug 10, 2017 11:45 AM
Message:

State Specific Question About: CALIFORNIA (CA)

I bought a property 15 years ago, the tenant is the old owner, I rented the property back to him but now I want to sell and it is a problem. Every time I put the property up for sale he puts a lis pendis on the property. He is current on the rent, I just want to sell the property. How do I go about evicting this long term tenant/ ex owner? The property is not in a rent control area. --76.171.xxx.x




Evict a tenant (by S i d [MO]) Posted on: Aug 10, 2017 12:19 PM
Message:

As far as I know, a lis pendens is just a claim to an ownership interest in the property. Your title insurance purchased at the time you bought the property should have come with a title search and you should have received a deed of conveyance of all ownership rights the owner was transferring to you.

If he is filing frivolous lawsuits challenging your title, contact your title company and see if their lawyers would like to have a word with him.

Regarding eviction: CA law is different than most states, but every state I've heard of requires either a 30 or 60 days notice to terminate a rental agreement, and in most instances there does not have to be a reason give. "I am not renewing your lease and you need to be out by X-date" is sufficient most times. Send it so that the clock is ticking, and if he doesn't move then file for eviction as a hold over. --173.19.xx.xxx




Evict a tenant (by S i d [MO]) Posted on: Aug 10, 2017 12:24 PM
Message:

Allow me to clarify, a lis pendens is a notice pending that there is legal action is pending against real estate. I have never heard the term used in other contexts, but I suppose it could be.

If he's trying to cloud the title so you can't sell it's definitely time for a lawyer to send him a cease and desist letter with the threat of a law suit behind it. Meanwhile, send notice that you will not renew the rental agreement.

You'll need to do BOTH things, because he can continue to file claims against the property even after he is no longer a tenant, and you want him out so you can show the property without his interference. --173.19.xx.xxx




Evict a tenant (by Jim in O C [CA]) Posted on: Aug 10, 2017 12:25 PM
Message:

You are in California so a landlord lawyer is your best course of action . --75.22.xx.xxx




Evict a tenant (by KP [CA]) Posted on: Aug 10, 2017 2:57 PM
Message:

Thank you @ S I D and @ Jim I really appreciate your help. I think that I am going to give a 60 day notice. What would be my next move after that and when? --76.171.xxx.x




Evict a tenant (by Mike45 [NV]) Posted on: Aug 10, 2017 4:06 PM
Message:

"Lis pendens" means "litigation is pending." Unless there really is a lawsuit pending in the court in which this former owner is challenging your title to the property, his filing a lis pendens is in bad faith.

You can file a motion to expunge the lis pendens, and the court should award attorneys fees to you - but that does not mean that you will be able to collect!

Are you sure that he has recorded the lis pendens? Normally, the lis pendens has to be signed by an attorney or a judge before the county recorder will record it.

--71.38.xx.xxx




Evict a tenant (by Robert J [CA]) Posted on: Aug 10, 2017 7:33 PM
Message:

If a person files the lis pendens and doesn't perfect by filing a case like in small claims court, after a curtain amount, like 30 days or so, you can have it squashed -- thrown out.

I would tell the tenant that if he chooses to play games you will have no choice but to ask him to leave with the proper notice. And if he won't go, you will evict. Why does he think he as an interest in the property? --47.156.xx.xx




Evict a tenant (by KP [CA]) Posted on: Aug 14, 2017 3:14 PM
Message:

@Mike45, this is what I was told, I received court papers however it isn't on the title report. thank you for your help.

@Robert J, He sold me the property, i bought it and he wants it back unfortunately. --76.171.xxx.x




Evict a tenant (by KP [CA]) Posted on: Aug 14, 2017 3:14 PM
Message:

@Mike45, this is what I was told, I received court papers however it isn't on the title report. thank you for your help.

@Robert J, He sold me the property, i bought it and he wants it back unfortunately. --76.171.xxx.x




Evict a tenant (by Robin [FL]) Posted on: Aug 14, 2017 4:03 PM
Message:

Why don't you sell the property to your tenant? He wants it and you want to sell it. --68.205.xxx.xxx



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