Legal Question in Landlord & Tenant Law in California

Hello, I lost as a defendant in a unlawful detainer case. But the owner chose not to evict me. a month later a new owner foreclosed on the former owner . The new owners managing agent and attorney called the sheriffs deptrment lied and pretended to be the former owner and got the writ of possession and evicted me. Can you tell me, isn't the writ only valid to the owner it was awarded to in my ULD case? And since it was obtained thru fraud and I have no rental contract with the new owner, what is the CA. Law regarding use of a writ of possession? I need the actual CA. codes and law please. Thank you.


Asked on 4/07/11, 7:12 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The new owner purchased the rights and obligations of the old owner. So just as they bought the property subject to the lease you had with the old owner, they old got the right of possession the old owner got as to you. You can not expect that they take on only debts and obligations to you and that you are freed of any debts owed the prior owner. They probably did not lie to anyone to get the writ of possession, most likely they said they were the new owner. Even if you could show they lied, since they legally could have gotten the writ, what damages have you suffered?

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Answered on 4/08/11, 4:03 pm


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