Legal Question in Landlord & Tenant Law in California

My landlord has died without a will. The son refuses to assume legal ownership of property due to outstanding mortgage payments. The property will probably be foreclosed upon. The son is demanding rent payment to him but has not legal right to rent. To whom do I pay rent?

Asked on 12/14/11, 12:16 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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You inform the mortgage lender and the son and anyone else claiming a possible right to the funds that you will deposit it into a trust account for the rightful owner to then get it. The son has no right at the moment to the funds and the lender probably has an assignment of rents agreement to get the rents.

Answered on 12/14/11, 1:34 pm

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Philip Iadevaia Law Offices of Philip A. Iadevaia

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My recommendation would be to hire a trusted lawyer to deposit the rent in an attorney-client trust account or establish an escrow. This would also put you in touch with an attorney to aid in preventing the son from trying to evict you and placing a bad mark on your credit and rental history. Also, the bank may have an account especially established for the assignment of rents. Good luck.

Answered on 12/14/11, 2:15 pm

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