If you are the trustee, and you have given the tenants a 60 day notice to vacate if they have lived there over a year, and they won't move, then your recourse is to file a formal eviction case in the local courthouse where the property is located. Once you file the case using the summons and complaint forms the clerks provide, the clerks will set a hearing date where you will appear and show your proof you gave 60 days notice. The judge should then grant you a judgment and then 5 days later, you can have the clerks issue a writ of possession that the sheriff can execute to remove anyone living there.
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I need to sell a home that is a 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 certified mail and regular US mailed the notices. What are my next steps
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.
Have the tenants responded to the notices in any way?
One took the notice and then returned the mailed copies. The other has not said anything.
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.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.
If you are the trustee, and you have given the tenants a 60 day notice to vacate if they have lived there over a year, and they won't move, then your recourse is to file a formal eviction case in the local courthouse where the property is located. Once you file the case using the summons and complaint forms the clerks provide, the clerks will set a hearing date where you will appear and show your proof you gave 60 days notice. The judge should then grant you a judgment and then 5 days later, you can have the clerks issue a writ of possession that the sheriff can execute to remove anyone living there.
The other option is to just sell the property with the tenants there and let the new owner deal with them.
Did you have any other questions about this situation I can help with?
I hope I was able to help with any questions you had about the situation..It was my pleasure to work with you and help with your question.
