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You are here: More Topics > Landlord/Tenant > Evictions Questions & Answers: A Guide for Landlords > If the property is sold, can the new owner evict the old owner or the old owner's tenants?

If the property is sold, can the new owner evict the old owner or the old owner's tenants?

Yes, if the new owner bought the property at:

• An execution sale,
• Sale by foreclosure, or
• Sale under a power of sale in a mortgage or deed of trust.

If the old owner does not move out when the property is sold, the new owner can serve the old owner with a 3-Day Notice and file an unlawful detainer in court. The notice must include:

• The name of the old owners,
• The address of the property,
• The date the new owner wants the property vacated,
• The name of the new owner, and
• Signature of the new owner and date of the notice.

If the tenants are the old owner's tenants, the new owner may have to give a 30-day notice. In that case, the landlord should talk to a lawyer and read about the different kinds of notices above.

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Last modified: 03/17/2008

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