I bought a property at a trustee sale. There is a tenant in the property who refuses to leave, but hasn’t paid me any rent.

Under a law enacted in 2009, a tenant has the right to stay in a property, even when purchased at a foreclosure sale, through the remainder of their lease term. However, there are exceptions to this general rule. First, if you purchased the property in order to reside in it, then the tenant must leave after you provide them with a 90-day notice. Second, the rental value must be in line with the fair market value. Clearly, the tenant must provide you with a copy of the lease for you to review to prove their right to occupy the property.

If it is the former owner who resides in the property and refuses to leave, you need to only provide a 3-day notice to quit. If they do not leave at the end of the 3-days, you may serve them with an unlawful detainer action.

If the tenant refuses to pay you any rent, you may serve them with a 3-day notice to pay or quit. If the tenant does not provide you with the rental balance by the end of the 3-day timeframe, you can initiate an unlawful detainer action in order to evict them.

The unlawful detainer action that may be initiated at the end of the 3- or 90-day term is a limited jurisdiction action in the superior court of your county. Your complaint requests the court enter a judgment in your favor for immediate possession and any back rent you may be due. If the lease provides for it, you may also request attorney’s fees as part of your damages.

There are strict technical rules to comply with when initiating an unlawful detainer action. Violation of them may force the judge to rule that you start the notice process all over again. Ensure careful compliance with the requirements, or contact an attorney who can guide you through the process.