Eviction statute california ccp 1161a

18 Oct

California Code of Civil Procedure Section 1161a

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code of Civil Procedure Section 1161a

(a) As used in this section:
   (1) "Manufactured home" has the same meaning as provided in
Section 18007 of the Health and Safety Code.
   (2) "Mobilehome" has the same meaning as provided in Section 18008
of the Health and Safety Code.
   (3) "Floating home" has the same meaning as provided in
subdivision (d) of Section 18075.55 of the Health and Safety Code.
   (b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as prescribed in
this chapter:
   (1) Where the property has been sold pursuant to a writ of
execution against such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
   (2) Where the property has been sold pursuant to a writ of sale,
upon the foreclosure by proceedings taken as prescribed in this code
of a mortgage, or under an express power of sale contained therein,
executed by such person, or a person under whom such person claims,
and the title under the foreclosure has been duly perfected.
   (3) Where the property has been sold in accordance with Section
2924 of the Civil Code, under a power of sale contained in a deed of
trust executed by such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
   (4) Where the property has been sold by such person, or a person
under whom such person claims, and the title under the sale has been
duly perfected.
   (5) Where the property has been sold in accordance with Section
18037.5 of the Health and Safety Code under the default provisions of
a conditional sale contract or security agreement executed by such
person, or a person under whom such person claims, and the title
under the sale has been duly perfected.
   (c) Notwithstanding the provisions of subdivision (b), a tenant or
subtenant in possession of a rental housing unit which has been sold
by reason of any of the causes enumerated in subdivision (b), who
rents or leases the rental housing unit either on a periodic basis
from week to week, month to month, or other interval, or for a fixed
period of time, shall be given written notice to quit pursuant to
Section 1162, at least as long as the term of hiring itself but not
exceeding 30 days, before the tenant or subtenant may be removed
therefrom as prescribed in this chapter.
   (d) For the purpose of subdivision (c), "rental housing unit"
means any structure or any part thereof which is rented or offered
for rent for residential occupancy in this state.
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3 Responses to “Eviction statute california ccp 1161a”

  1. myland909 May 29, 2012 at 4:37 am #

    if we’ve been evicted by sheriff and realtor, but realtor allows us to stay to “pack our things” and its been 3weeks, are we now considered a tenant? After our eviction, I began investigating our foreclosure and have found soooo many flaws, discrepancies, and illegal records that I am desperate to reclaim my home. I know, it’s ridiculous to wait till the final stage, but we had no idea what we were up against. I am so indecisive as to which is the best way to fight for my home. Any suggestions Tim? We are in 909 area and would honestly prefer to have you take a look at our case, and help us decided what is best.

  2. myland909 May 29, 2012 at 4:46 am #

    Ps. We’ve done all the investigating and collection of documents so it should be a breeze for you 🙂 I think it has potential to be a big case, and we want to take it all the way

    • cindy1147Cuindy July 21, 2012 at 3:41 pm #

      I live in the same area and am in the exact same situation. Would love to talk to you regarding what has happened to you. Were you able to stay in house after time for packing was up? I have a couple more days until my things are to be moved out. Please contact me at email address: seajohnson7@aol.com or (909) 452-5524 if you like. Hope to hear from you. Cindy

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