What to do if my property is in escrow and I have squatters?

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What to do if my property is in escrow and I have squatters?

I found a family that had been squatting on property for 2 months. I allowed them to stay tere free for 2 additional months so they could avoid homelessness for their children and save money to relocate. After, they refuse to leave, and informed me that my act of kindness by oral agreement gave them tenants rights. I served them with a three day notice to vacate and filed an unlawful detainer. The defendants filed a response, so i requested a date for trial by judge. Here is the issue. The buyer wants to move into the home upon sale date. The trial date for this matter is the day before closing of escrow. If the judge rules in my favor, does this ruling hold the following when the property belongs to buyer?

Asked on October 12, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As you probably know, allowing guests to  stay somewhere does NOT give them the rights of tenants, if they do not pay rent and there is no lease. You may evict them at any time, as you have.

Your buyers should be able to enforce the judgment after the closing: as persons buying from you, they will obtain all of your rights in and to the property--including the right to evict these squatters.


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