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  1. #1
    Join Date
    Mar 2015
    Posts
    17

    Default Payment of Rent After a Landlord Passes Away

    My question involves landlord-tenant law in the State of: California
    Short version; landlord died nine months ago. Ex-wife sends letter after 4 months stating that she is exec. of estate, wants checks made out to her. Up to this point she has been signing his name and writing "for deposit only" to endorse.
    I pay rent to her for 3 months and then find out that there was no probate case filed, and property records have NOT changed. House is of course in foreclosure and close to trustee sale notice. My rental agreement is with the deceased property owner whose name is still on the deed.
    Question is How can I still be protected under "tenants in foreclosure act"? She is NOT the actual executor of estate/ owner of property should I just pay her anyway? If not, then who?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Payment of Rent After a Landlord Passes Away

    Quote Quoting Alexx Nite
    View Post
    Question is How can I still be protected under "tenants in foreclosure act"?'
    You can't be, as that act expired on Dec. 31, 2014. However, California passed its own version, which is still in effect:
    Quote Quoting California Code of Civil Procedure, Sec. 1161b.
    (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days' written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.

    (b) In addition to the rights set forth in subdivision (a), tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, except that the tenancy may be terminated upon 90 days' written notice to quit pursuant to subdivision (a) if any of the following conditions apply:

    (1) The purchaser or successor in interest will occupy the housing unit as a primary residence.

    (2) The lessee is the mortgagor or the child, spouse, or parent of the mortgagor.

    (3) The lease was not the result of an arms' length transaction.

    (4) The lease requires the receipt of rent that is substantially less than fair market rent for the property, except when rent is reduced or subsidized due to a federal, state, or local subsidy or law.

    (c) The purchaser or successor in interest shall bear the burden of proof in establishing that a fixed-term residential lease is not entitled to protection under subdivision (b).

    (d) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.

    (e) Nothing in this section is intended to affect any local just cause eviction ordinance. This section does not, and shall not be construed to, affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.

    (f) This section shall remain in effect only until December 31, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2019, deletes or extends that date.
    That law does not prevent you from being evicted for nonpayment of rent.

    You are entitled to ask the person claiming to have stepped into the shoes of the landlord for proof that she is the current, legal owner of the property, or is the duly appointed administrator of the estate. A delay in providing that information does not make your rent obligation go away -- you'll owe all of your back rent.

    You have the option of continuing to pay your rent in the manner dictated by the terms of your lease.

  3. #3
    Join Date
    Mar 2015
    Posts
    17

    Default Re: Payment of Rent After a Landlord Passes Away

    You have the option of continuing to pay your rent in the manner dictated by the terms of your lease.

    If by this you mean making the check out in the deceased owners name I did this and that was when she called to tell me that she had "cancelled" his accounts and that I needed to make the payment in her name.

  4. #4
    Join Date
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    Default Re: Payment of Rent After a Landlord Passes Away

    And you are free to tell her that until she provides "proof that she is the current, legal owner of the property, or is the duly appointed administrator of the estate" you will continue to do what the lease dictates.

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