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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default Landlord Hasn't Collected Rent in One Year

    My question involves landlord-tenant law in the State of: California

    Hello,

    So, our landlord hasn't collected rent from us in one year. Yes, I know that also means WE have not paid rent in one year.

    My husband has lived at the property for 10 years and I moved in 7 years ago. He signed a one-year lease and gave a security deposit upon moving in 10 years ago and never re-signed any paperwork after that one-year lease was up. I am not, nor have I ever actually signed or been on the lease (and have never actually even met the landlord).

    The landlord would hold our rent checks for up to 9 months at a time without cashing and we finally got fed-up and said, "Fine...if she's not going to collect, we aren't going to pay." I know that's a jerk move, but it is what it is. Last year, she collected and cashed a check for the entire previous year's rent at once. Again, we hadn't heard from her in one year and then she called and asked for the whole year's rent at once.

    We recently gave her our 30-day notice and she asked if we had any of the money for her from this last year's rent that is owed. We told her that we will set up a payment plan with her for the back rent.

    Honestly, just curious to know if we have any rights as the jerk tenants, and if she has any rights as the flakey landlord.

    Oh, on another note, she hasn't collected from our neighbor in 2 years...and didn't call once in the two years to collect until now (he is moving out, too).

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Hasn't Collected Rent in One Year

    You have the right to pay the rent. If she agrees to a payment schedule, then you can pay on that agreed schedule. If you cannot agree to a schedule, she would be within her rights to sue you for the entire balance that you owe.

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