Lancaster, CA asked in Foreclosure, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California

Q: 1161a Unlawful detainer against the Trustor

The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)

The lessee is the administrator

Which notice would be required 3/60/90 ??

The property is also on Agricultural land (1161(2))

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the trustor if they are in possession of the property and refuse to vacate after the trust has been terminated or after the property has been sold to a third party.

In other words, if the trustor is occupying a property that is no longer owned by the trust, the trustee or beneficiary may bring an unlawful detainer action to have the trustor removed from the property. This may occur, for example, if the property was sold and the trust terminated, but the trustor refused to vacate the property.

It is important to note that the specific requirements for an unlawful detainer action under Section 1161a may vary depending on the circumstances of the case, and it is advisable to seek the advice of a qualified attorney if you are involved in such a matter.

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