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kimberlyyenn…, Home Buyer in Stockton, CA

My previous owner doesn't want to move out after closing the escrow.

Asked by kimberlyyennguyen, Stockton, CA Sun Aug 26, 2012

The previous owner does not want to sign the rental agreement because she has no money and doesn't want to move out. We closed the escrow on 8/23/12 and she still lives in. This is a short sale.What can I do to get her out? We live in Stockton. Thanks.Elli.

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I hope your contract indicated that the property was to be delivered vacant...

I hope she is the owner and not a tenant...

Either way.. contact a local evictions attorney... the term is Unlawful Detainer. They should be able to help you get this person out... you do have to do an evictions if she does not cooperate... the local police is not likely to get involved in the middle of this to see who is right and who is wrong.. that is what the courts are for...

Ann eviction could take up to a month or 2, so if you can negotiate, then that is better... the threat of an eviction furthering damage to the occupant's credit may be enough to make her move...

\Find out the details of where she or he is going and maybe you can facilitate her moving out.. maybe all she needs is a U-haul and you can help them with that...


Best of luck, be patient and smart and strategic, and not emotional...

If you like my answer please give it a Thumbs Up!

ron@select-realestate.com
1 vote Thank Flag Link Mon Aug 27, 2012
Your realtor should be helping you enforce your contract and refer an attorney as needed. If the seller wants to breach the contract and the short sale agreement he/she risks going to foreclosure and being responsible for all your costs.
2 votes Thank Flag Link Mon Aug 27, 2012
You own the property, have a locksmith change the locks.
0 votes Thank Flag Link Mon Aug 27, 2012
Unfortunately, the previous Owner has "rights" and you cannot forcibly evict her. You now have a Tenant without a Lease and you must go thru the Eviction process. There are Eviction service companies which charge less than a lawyer and help you file all the legal paperwork necessary for an eviction. However, it is probably better to at least consult a lawyer. This process will take time. Anywhere from 3 months to a year depending on how cooperative or uncooperative the previous Owner will be.
Please be careful as it is ILLEGAL for you to: Lock them out, stop or cut off utilities, remove doors, remove their furniture,etc.
0 votes Thank Flag Link Mon Aug 27, 2012
I agree with Janey.

Contract her listing agent, your closing attorney then the Sheriff's office
0 votes Thank Flag Link Mon Aug 27, 2012
Get a local eviction attorney to help out because he / she knows tenancy law and regulations in that area.
Good luck.
0 votes Thank Flag Link Mon Aug 27, 2012
I'm no attorney, but I don't think we're even talking about "eviction" here because the previous owner has no lease. She is actually "trespassing" because the property has changed ownership (I'm guessing it has already been recorded?). It is not a pleasant situation, but she is now on the wrong side of the law and you likely only need have the sheriff remove her. Hate to say it, but you will likely have to get an attorney involved. But before you do that, check with the Sheriff and see what they say. If they clearly believe she's trespassing then you'll have a better idea. Good luck with an unfortunate situation...Jim
0 votes Thank Flag Link Mon Aug 27, 2012
This is a tough situation for sure! I agree with my fellow agents below, get your agent to help you out first and then unfortunately you have to start eviction process which could take several months, so be prepared.

Good luck
0 votes Thank Flag Link Mon Aug 27, 2012
This is an unfortunate situation, but sometimes happens either through anger, stubbornness, or lack of money on the former owner's part. I would have your agent try to work something out, but if you don't get action quickly you will need to find a good real estate attorney and begin eviction proceedings.
0 votes Thank Flag Link Mon Aug 27, 2012
Wow Kimberly...your in a bit of a pickle!

Start the eviction process immediately! Don't waste any time! Speak with an eviction or real estate attorney today!

Good luck!

All the best,

Kat Becker, Realtor
Estates, Residential, Commercial
Prudential California Realty
0 votes Thank Flag Link Mon Aug 27, 2012
I am presuming you are talking about the seller of the home which you just bought not vacating the place. You will probably need to talk to a real estate attorney to find out how you need to proceed to evict her.
0 votes Thank Flag Link Sun Aug 26, 2012
Hi kimberlyyennguyen,

You may want to contact a Real Estate Attorney and begin eviction proceedings.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
0 votes Thank Flag Link Sun Aug 26, 2012
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