Legal Question in Real Estate Law in California
Q: Hawthorne, CA. Landlord in foreclosure keeps postponing since Nov/2011. They occupy 1 of 3 units us and another tenant. The landlord served unlawful detainer for non payment first other tenant about a month later improperly served us. the neighbors went to court while we under distress and borderline nervous breakdown, because of this, my roommate insisted and persuade me we pay until property sells. after legal advise, research and then some, knowing the deception and inappropriate behavior the landlord has no intention to pay up to date nor cares to be honest, why would they, stacking as much money in pocket. The last payment was over 10 months ago. Same horrific con artist story under these circumstances. Now FF, neighbors go to court in Jan. From my research, its unfair however, tenants in foreclosure, have less rights than the people that are responsible for their problem. so much for the system, its not gonna happen when a Judge rules in favor for the tenant. Not 1 lawyer, consultant, rep.organizations expressed 1 percent the thought or possibility or under the circumstances, of such. Well, the system has got my faith back there is justice a bit of the time. I am the 1st to witness, and boast WRONG...
The JUDGE ruled in FAVOR for the TENANT.
The same foreclosure issue applies to us, however, we are paying rent, we have a right to the same decision as our neighbors? Please help me with information we need to know asap.
In case there is a reason we don't have a chance, satisfied and so happy the landlord lost and can't get away with their lies.
thx for your time. karen
1 Answer from Attorneys
It is very common for landlords to lose Unlawful Detainer cases for reasons that have nothing to do with whether the tenant is guilty or not. The procedures that must be followed to get a UD case properly before the court are detailed, complex, and one slip allows the court to rule in favor of the tenant, even if the tenant is totally guilty of unlawful detainer. I guarantee you that the court did NOT rule in favor of the tenant on the grounds that the tenant doesn't owe rent just because the landlord is not paying his mortgage, and if the court was stupid enough to rule that way, and the landlord appeals, the ruling would be thrown out. It is none of the tenants' business what the landlord does with the rent money as long as the landlord does not breach the lease or let the property fall apart so bad it is legally uninhabitable. As long as the landlord is the legal owner of the property, the tenants owe him rent as agreed. The bank actually has the right to claim the rent money if the landlord is not paying, but as long as they are doing that they can't foreclose. Banks don't want to be landlords, so they let the landlord keep the money and then they foreclose. That is all between the landlord and his bank, none of the tenants' business. You have no right to stop paying rent just because the landlord isn't paying his lender. So if you don't pay your rent, and the landlord figures out what he did wrong with the UD proceedure, you will find yourself out on the street.
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