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Being evictied with six months left on a fixed-term lease Owner Change

Discussion in 'Rental Agreements & Subleases' started by n0qf6qzudy1ee89, May 15, 2015.

  1. n0qf6qzudy1ee89

    n0qf6qzudy1ee89 Law Topic Starter New Member

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    The post-foreclosure owner of the home I rent is starting eviction proceeding claiming that the lease I have is not valid. The year long lease was entered into five months ago and none of the standards in CCP 1161b(b) apply. IE I can answer NO to all of the requirements.
    My landlord died over nine months ago. For the first 4 months I continued to pay the rent in his name as usual. In January she contacted me and said that she was the executor of his estate. She also provided a cert. death certificate and a page from his will that names her as the executor of his estate and had been signing his name and depositing the checks that I sent into his account.
    However, he states that she does not own the property, never transferred the property into her name or opened probate. I have been unable to reach her, she moved to NY and is not answering the messages I have left.
    What is going to happen at court? Do I have any recourse against the eviction?
     
  2. army judge

    army judge Super Moderator

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    It appears you were bamboozled and have bene paying the wrong person, a SCAMMER.
    Well, that's one view of things.

    Another version could be that you conspired with the party who allegedly absconded to NY (and parts unknown), and have not been paying rent at all.

    You appear in court, bring the PROOF of your rental payments (cancelled, PAID checks, rent receipts, or PAID money orders), a copy of your "latest lease", the "death certificate", "the will", etc... I can't for the life of me determine why a tenant would have been privy to all of that information, but providing it in court, might help.

    I'm sure you'll be asked if you filed a police report about the rent payments you've made being scammed by the one who slipped away to NY.

    You never want any eviction to be filed against you.
    Its too late to stop the filing, in this case.
    The mere filing of an eviction can impact your ability to rent decent housing for years.
    If you are actually evicted, it's an even more crippling blow.

    All you can do is try to argue that you were the victim of a scam.
    If your rental payment history is stellar, that'll also help your argument.
    If you've been consistently late, it'll only hurt.
     
  3. n0qf6qzudy1ee89

    n0qf6qzudy1ee89 Law Topic Starter New Member

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    "the "death certificate", "the will", etc... I can't for the life of me determine why a tenant would have been privy to all of that information"

    Two corrections. It was A PAGE of his will and my bad, the certified death certificate was a copy of...
    It seems that ALL that information has not helped to keep me from being scammed.
     
  4. army judge

    army judge Super Moderator

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    Oh, I don't doubt all of those things were shown to you.
    I would have found that odd.
    I would have pretended to go along with the scammer, but I would have asked for 72 hours to get my act together.
    I would have used that 72 hours to investigate the scammer, and immediately have contacted the authorities, and the family of the deceased.

    Sad story, OP, very sad.
     

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