Legal Question in Real Estate Law in California
Tenant Responsibility
The rental agreement I signed, expired on 12/2/99. I signed it with the apt. manager and was also giving him my rent,as per the agreement. Even though I have not signed a new agreement, as of last month I was still paying my rent to the manager. A few days ago the owner brought a note to my door and followed it up with a visit, asking me to pay my rent to her from now on. By law who am I to pay rent to, the one I signed the agreement with or the owner. As per their contract she gave him two apts. to rent and make his money from one of them is mine. He is taking her to court over this.
1 Answer from Attorneys
Re: Tenant Responsibility
In my opinion, you should pay the owner.
The expiration of the written agreement is not controlling; the owner would have the right to appoint a new manager. The manager acts as the agent of the owner in collecting rent.
This does not mean you won't get trapped in this dispute, however. Rightly or wrongly, the manager might make life uncomfortable for you. In order to get a measure of protection, ask the owner to put in writing (if the note doesn't already suffice) words to the effect that the former manager's right to collect rent is revoked. Then pay be check (not cash), noting on each rent check exactly what it's for....."Rent, 123 Main St., Apt. 14, Febr. 2001."
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