If you purchased a home, it may be occupied. If so, you may be a landlord. We can help you get your home.
If you bought a residential property at a foreclosure sale, before you take any action to evict someone living on the property, you need to answer one very important question: Is the person on the property the former owner’s tenant or is it the former owner him or herself? The answer to this question is important because it will tell you what eviction process you can or must use.
If the property you bought is occupied by a tenant who was renting from the former owner, there are special rules that apply. For more information, call us immediately.
Q&A – Evicting A Former Owner
Can I evict the former owner after I buy the former owner’s house at a foreclosure sale?
If you bought a residential property at a trustee’s sale after foreclosure, you are the new owner. If the former owner is still living on the property and does not leave voluntarily or enter into an agreement with you for additional time on the property, you can evict the former owner through the “formal” eviction process. The “summary” eviction process can be used to evict a former owner following a foreclosure.
What must I do to evict the former owner?
Before you can file a “formal” eviction case, you must first serve the former owner with a Notice to Quit. If the former owner does not move within the three-day notice period (which does not include weekends and holidays), you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property. It can also ask for a money judgment against the former owner.
Is it true that there are laws that give the former owner additional time to move after foreclosure?
There is a law that protects a tenant who is renting a house when it is sold at a foreclosure sale. But that law does not protect the former owner of the house.
What can the former owner do if I serve a three-day notice to quit?
The former owner might leave the property voluntarily in response to a three-day notice. The former owner could also try to negotiate with you to stay for an additional period (perhaps under a lease agreement) or to leave voluntarily on a specified date (perhaps for some type of “cash for keys”).
If you and the former owner cannot reach an agreement, you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property. The former owner could potentially stay on the property until a court orders the former owner to move.
If the former owner believes the foreclosure sale somehow violated Nevada law, the former owner might file some type of legal action to avoid being removed from the house.
For individualized assistance, please call now (844) 476-6529