Many landlords wrongly assume that just because they bought or sold a property, they can start over and evict all existing tenants. Generally, selling or buying a property does not provide independent basis for an eviction. Instead, an Anaheim eviction attorney can explain to you the limited circumstances where a landlord can sell a property and evict all tenants.
California Ellis Act
The most common scenario for a landlord to evict a tenant following a sale or purchase of property is an Ellis Act eviction. The Ellis Act is a state law that allows landlords to evict tenants when the landlord decides to get out of the business of being a landlord.
Under the Ellis Act, a landlord can evict all of the tenants and use the property for his or her own use and for any other non-rental purpose. However, an Anaheim eviction lawyer can explain to you that the Act does not allow the landlord to dump existing tenants to replace them with higher-paying ones. In addition, the Act does not allow landlords to single out particular tenants to kick out.
Basically, a landlord can only evict a tenant following a purchase or sale of property if the landlord intends to change the use of the property.
Contact an Anaheim Eviction Attorney
If you need any assistance with the eviction of a tenant following the sale of a property, you will want to work with experienced counsel. You can schedule a consultation to discuss the specifics of your case with a lawyer at Schiff & Shelton, Attorneys at Law by calling (949) 417-2211.
