Legal Question in Real Estate Law in California

2 owners in dispute over tenants rental payments. One owener walked away from the property and will not take any responsibility for the tentant. However, they are taking the rent money and not keep up with the need of the tentant and apartment repairs. Who is entiled to that rent.


Asked on 6/10/11, 11:32 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Generally, the lease or rental agreement will specify not only the amount of rent to be paid, but also the place, date and person to whom payable. I'd stick with that, unless you don't have a written lease or other agreement in writing. In case of doubt, pay the owner or the owner's agent. You can probably get the name of the owner from the county recorder. If there are two owners, I suppose you could legally pay either one, but preferably the one with whom you negotiated the rental, and always pay by check and write the address, month and day you're paying for along with RENT in the memo space of the check. Taking rent money without authority is a crime called "rent skimming" in California.

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Answered on 6/10/11, 5:26 pm


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