Legal Question in Landlord & Tenant Law in California

Re: Return of Down Payment/Deposit

You have me confused. Let's give them "letters".

We have an owner ("O") who lives in another state.

We have landlord ("L") who agreed to rent you property. L was in the process of buying property from O, but was apparently defaulting on his agreed payments. Meanwhile you had a lease option, (which is very similar to renting) with L, even though he doesn't have title to the property. Am I right so far?

Since O hasn't been paid, and you are living in it, O wants to evict you. Is that correct?

Assuming now, that I have the question straight, here are your problems. O and you are innocent parties, while L is selling something he doesn't own, which could be fraud (I'd need more facts, but it appears to be that way). Based on the facts now, O could bring an unlawful detainer (eviction) against you, and prevail.

Of course, you can, and should demand money back from L, as well as other damages.

The answer to your question #3 is that you would have civil, and possibly criminal actions to file against L, but O would eventually be declared the owner of the property, and you would have to collect damages from L. Since you want to buy the property, and O wants to sell, you might want to negotiate a new lease purchase directly with O.

All of the above is subject to my understanding of your predicament.

I also think you should retain an attorney to write a strong letter to L, asking for a refund of your down payment and deposit. If you want to add more, or clarify my understanding, please do not hesitate e-mailing me, or calling. Good luck!