Cal. Civ. Proc. Code § 1161a

Current through the 2021 Legislative Session
Section 1161a - Removal of persons holding over and continuing in possession of manufactured home, mobilehome, floating home or real property after three-day notice
(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.

Ca. Civ. Proc. Code § 1161a