Property with renter going into foreclosure.

House going to auction has occupant who doesn't pay rent nor has a written rental agreement, he is ex-boyfriend of owner who does not reside at the house. Will 3 day notice suffice or do I have to give 90 days? $FK is option.

Comments

According to CA law, a month-to-month rental agreement is not required to written. However, if the occupant isn't paying rent, it would be a stretch to call him a tenant. It's more likely that he is a "guest," and as such it's possible the situation can be dealt with more expeditiously. I would do some legal research on this. At worst case, handle it as if it were a landlord-tenant situation, and give 90-days.

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