Q: I just bought a property at a traditional sale and the owner is refusing to leave. Are they protected by the CDC Order?

A: Provided that you never entered into a lease with the former owner and they were supposed to transfer possession to you at close of escrow, then they are not protected by the CDC Order entered September 4, 2020. The CDC order just applies to tenants who fail to pay rent. In this case, the occupant is not your tenant and we would argue that the CDC Order does not apply. Please note that if you signed a post-possession agreement with the former owner paying rent, then the CDC Order may apply.

Mark B . Zinman, Attorney

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