If I purchased a house at auction but the old owner hasn’t left, what can I do?
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If I purchased a house at auction but the old owner hasn’t left, what can I do?
They say that they are leaving but they haven’t.It’s been over a month.
Asked on October 7, 2018 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
At this point, you'll have to give this person a formal notice to vacate. Since they are a not tenant but rather tresspasser, such notice in most states can be for as little as 3 days. If they refuse to leave the premises within this time, then you can file for an "ejectment" which is like an eviction but faster. At this point, you should to consult directly with a local real estate attorney as they can best advise you further. Finally, do not take any self-help measures such as attempting to change the locks or removing the old owner's belongs; if you do you can find yourself on the wrong side of a lawsuit.
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