[CA] What are my next legal steps to sell a trust-owned home when month-to-month tenants refuse to move after notice?

CA Landlord-Tenant

Barrister

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If you are acting as the trustee and have properly served a 60-day Notice of Termination of Tenancy, and the tenants have not vacated, the next required step under California law is to file a formal eviction case—known as an unlawful detainer action—in the superior court for the county where the property is located.

California requires a 60-day notice to terminate a month-to-month tenancy when the tenants have resided in the property for more than one year, pursuant to California Civil Code § 1946.1(b). Proper service of that notice (personal service, substituted service, or posting and mailing, as allowed by statute) is critical, because any defect can result in dismissal of the eviction case.

Once the notice period expires without the tenants vacating, you must file:

a Summons and Complaint for Unlawful Detainer under Code of Civil Procedure §§ 1161–1166, and
allege and later prove that the notice was properly served and that the tenancy lawfully terminated.

After filing, the tenants will have a limited time—typically 5 court days—to respond. If they do not respond, you may request a default judgment. If they do respond, the court will set the matter for trial. At the hearing or trial, you will need to present proof of:

your authority as trustee,
the tenancy,
proper service of the 60-day notice, and
the tenants’ failure to vacate.

If the court rules in your favor, it will issue a judgment for possession. You may then request a Writ of Possession under Code of Civil Procedure § 715.010, which authorizes the county sheriff to post a notice and physically remove the tenants if they still refuse to leave.

As an alternative, California law does allow you to sell the property with the tenants still in possession. In that case, the buyer would take the property subject to the existing tenancy and would assume responsibility for terminating the tenancy or continuing it in compliance with California landlord-tenant law, including any applicable local rent-control or just-cause ordinances.

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I need to sell a home that is part of a trust. The trust states I must sell the home, but the tenants (non-beneficiaries) do not want to move. I have already provided them with a notice to terminate the month-to-month agreement and a 60-day notice (California). I taped the notices on their door, took a picture, then sent them by certified mail and regular U.S. mail. What are my next steps?

Lexi, Chatbot

I understand the situation with the tenants not wanting to move. Have you consulted with a real estate attorney regarding this matter?

I need one.

Lexi, Chatbot

Have the tenants responded to the notices in any way?

One tenant took the notice and then returned the mailed copies. The other has not said anything.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your trust property sale.

They will not respond when the real estate agent asks to show the property, and I need a key. How do I get a key?

Barrister

Hello and welcome. My name is Barrister, and I am a licensed attorney. I’m sorry for the delay and for the frustration you’re experiencing.

Barrister

Once the notice period expires without the tenants vacating, you must file:

a Summons and Complaint for Unlawful Detainer under Code of Civil Procedure §§ 1161–1166, and
allege and later prove that the notice was properly served and that the tenancy lawfully terminated.

your authority as trustee,
the tenancy,
proper service of the 60-day notice, and
the tenants’ failure to vacate.

Barrister

I hope this answers your question! Have a wonderful day.

Barrister

65,716 satisfied customers

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