if the ownership of a house is transfered can the new owner evict tenants?

Question

i am wondering if my mother transfers ownership of a house she rents to my brother can he evict the tenants?

*the house is in rent control by the way.
**the house is in los angeles

Answer 1

Yes and no.

If your mother transfers the property to a different owner and the transfer does not include any contractual lease agreements currently in effect on the property, your brother may evict if he so chooses. That being said, the transfer of property does NOT invalidate any contractual lease agreements in existence, so that would put your mother in possession of a lease contract which she cannot honor (she no longer owns the property) but to which she is still legally bound. Your mother could be sued for breach of contract if this occurs.

This is why sales of properties nearly always include transfer of existing leases as part of the sale, unless legal agreements are made with existing tenants concerning these leases prior to the property transfer.

In order to protect your mother from such legal jeopardy, insure that the leases, if any, transfer to your brother along with the property transfer agreement. If these tenants are month-to-month, they ARE covered by a lease agreement, the terms of which are statutory and are defined by state and/or local law.

Answer 2

The new owner should give the existing tenant 60 days notice, once they take possession.
Or if the property has not transfered yet the existing owner should give notice.
It never hurts for both to do so anyway. This way you are covered.

Answer 3

The new owner has all the rights and perogatives that go along with ownership. I'm surprised that part of the sale agreement wasn't that you had to 'deliver up' an empty house. Nonetheless, your past agreements are not binding on new owners. Hope this helps.