Legal Question in Landlord & Tenant Law in California

Calif. no rent control. 2 yrs I Have lived In a triplex owned by my out of state uncle. All utilities are in my name & get my mail there, & all funiture is mine .Our only agreement was oral & it was that I pay for the gardner & maintenance.on all 3 units,.which I did. Then 18 months ago he asked me to loan him 2,600 cash & also to pay his defaulted prop tax of 6120.00. I said OK & gave him the Cash & went to tax assors office & paid his taxes. HE said he would repay it in 6 Months..I have not recieved a dime from him.since.NOTE I have a letter from him confirming it was a loan.Now he is selling the triplex & it is in escrow.His realitor came to me & said that If I would move out before they close that I would be repaid when escrow closes.Question How can I get this put into writing that will guarantee that I will get paid. What kind of document should I ask for. Once I have moved out I know I will never get a cent from him. .PLEASE HELP.


Asked on 8/23/14, 11:44 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I answered this before and the answer remains the same. You are not going to get paid out of escrow unless you are a lienholder of record, with either a consensual lien like a deed of trust or a judgment. Your uncle could provide an instruction to the escrow company to direct a portion of the proceeds to you, but he could unilaterally change it at any time.

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Answered on 8/25/14, 6:02 am


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