Legal Question in Landlord & Tenant Law in California

I have been living in a home in California for the last 2 1/2 years but have not paid rent for approx. 1/1/2 years. The person that I paid rent to has never shown up to collect, I do not know the status of the house. I was told I could file a form to obtain the title of the house. Is this true and what would that be called. What forms, if any, would I have to obtain.


Asked on 7/31/10, 4:24 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Completely untrue. You cannot aquire title simply by living there. You may want to seek out legal counsel to determine the requirements of obtaining title by adverse possession (far too complex to explain in this forum), but you are living there with permission (which busts the "adverse" part of adverse possession) even if you are not paying rent.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 8/05/10, 4:32 pm

Actually, living there under an agreement to pay rent and then not paying rent is an unlawful detainer. That would, in fact, satisfy the adversity requirement, particularly if the landlord has died and there is another person who owns the property and is entitled to the rents. However, it takes a LOT longer than 1.5 years of adverse posession to obtain a right to claim title. Furthermore it is a LOT more complicated than filing a form. You would have to file a lawsuit to quiet title.

Read more
Answered on 8/06/10, 10:47 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California