Legal Question in Landlord & Tenant Law in California

I've been renting a condo in San Diego County for the last 3 years. In August I received a Notice of Trustee Sale taped to my front door stating the property was been sold at public auction on Sept. 2nd. I now have a new landlord but I found out that my previous landlord had not made any mortgage pymts for over a year while still collecting rent from me. Can I get any of my rent money back that I paid her?


Asked on 10/04/09, 5:53 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

This is a relatively new phenonema. I would argue unjust enrichment, however, that is a two edged sword. You may have to show that the rent was artificially inflated due to the fact that this was an investment property for your landlord in which you were to pay your landlord's mortgage on the property. This is ripe for a class-action suit which I would passionately take as this is the only way the greed can be made unlawful. Contact me directly.

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Answered on 10/04/09, 6:04 pm
Robert F. Cohen Law Office of Robert F. Cohen

If you lived at a property, you are required to pay rent. Make sure to collect your rent receipts or other evidence of rental payments to show to the new owner, so that you can make arrangements to continue living there, if you wish to do so.

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Answered on 10/04/09, 6:43 pm

As usual, Ocean Beach is a danger to themselves and others. Mr. Cohen is correct. Your landlord owned the property. She had the right to the rent. Under the Deed of Trust between her and the lender, the lender probably had the right to collect the rents from you if the loan wasn't paid, but if they chose not to do so that is between the landlord and the bank.

Think of it this way. If I own a little market, and I order a month's supply of candy bars. The distributer delivers them and sends me a bill, due 30-days after receipt. You're a great customer and buy a candybar every day. At the end of the 30 days, I don't pay the candy distributor because I spent the money you paid for the candy on my Starbucks habit. Do you have a right to get your money back for the candy you bought and ate? Of course not.

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Answered on 10/05/09, 2:50 am


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