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Re: Not on title, not a tenant

Posted by JK (the other JK) on April 18, 2008 at 2:23 PM

In Reply to: Not on title, not a tenant posted by Bukzin on April 18, 2008 at 2:12 PM

: Question regarding an unlawful detainer in Calif.

: The 'owners' inherited a house that we purchased at trustee's sale.

: I understand the law says if they are owners we can give them
: a '3 Day Notice' to move.
: But if they are not a '30 Notice' is required.

: My attorney says because they are not formally on title
: that they are 'tenants' and must get the 30 Day.

: I say no.

:
: Anyone been down this road?

I'd serve the 30 day. If you serve the 3 day and the "tenants/owner/whatever" answer your Unlawful Detainer you will lose. I had a previous owner that deeded a property out of her name to a friend right before the Sale and I tried to serve the 3 day and lost. The whole eviction took almost 6 months because I tried to cut a corner.



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