Reno, NV asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California

Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of property's auction?

2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
  • Landlord Tenant Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption after Judicial foreclosure for 1 year.

If the date of the lease goes back to before the date that the Notice of Default (NOD) was registered, then you need to respect the lease until its expiration date. Because their lease is superior to your interest.

Other than that, you can bring unlawful eviction against the tenant.

The title needs to be obtained by the buyer before bringing the eviction action.

If everything is met, then you need to give the tenant proper notice under both state law and local rules.

This is merely a discussion of general laws and not legal advice. For comprehensive advice, more specific facts and investigations are needed. I recommend you consult with an attorney in more detail.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:

1. Serve a 3-Day Notice to Quit: After the tax deed is recorded, serve the former owner with a 3-Day Notice to Quit, which informs them that they must vacate the property within three days.

2. File an Unlawful Detainer Lawsuit: If the former owner doesn't leave after the 3-Day Notice period, file an Unlawful Detainer lawsuit with the Lassen County Superior Court.

3. Serve the Summons and Complaint: After filing, serve the former owner with a copy of the Summons and Complaint.

4. Obtain a Judgment: If the former owner doesn't respond within five days, request a default judgment from the court. If they respond, proceed with the lawsuit until a judgment is reached.

5. Obtain a Writ of Possession: After obtaining a judgment, request a Writ of Possession from the court, which authorizes the Sheriff to remove the former owner from the property.

6. Eviction by Sheriff: The Sheriff will serve the Writ of Possession to the former owner and oversee their removal from the property.

Regarding personal property left behind, you must follow California Civil Code Section 1983-1991. Generally, you must give the former owner 18 days after the Writ of Possession is executed to claim their personal property. If they don't claim it within that time, you can dispose of it.

It's highly recommended to consult with a local real estate attorney who specializes in evictions to ensure you follow the proper procedures and use the correct forms. They can also provide guidance on handling personal property left behind by the former owner.

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