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  1. #1

    Default Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/Owne

    My question involves real estate located in the State of: ca
    My landlord claims they inherited my rental property from their neighbor upon his death. Bc they never properly transferred via affidavit of death to county, I cannot verify their ownership, and they are refusing to show me proof. Is it my right as renter to demand proof? And any other ways to get proof?

  2. #2
    Join Date
    Mar 2013
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    1,279

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    Just out of curiosity, who do you feel you should be paying the rent to if not the alleged landlord? Or, is this just a scam on your part to not pay the rent at all because the landlord will not show you the deed to the property?

  3. #3

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    It’s complicated- I initially shared this rental w a man who’d lived here for 25 years, it’s a lovely property that had no involvement by the elder owner in another county of 30 years- my housemate died, he had poured lots of money into additions etc over the years. when he dies the newish owners of 5 years came here for second time ever- story goes, according to them n past deceased housemate that they inherited this and another property in county they live in from previous owner of 30 years ( who was 90 w no relatives) I was ok w the story until they began coming here and the man sleeping in my driveway, crossing other boundaries, like moving their things onto property etc. and causing me some stress as well as causing me some suspicion. I just wanted to put creepy thought out of mind, and don’t like idea that I may be unwittingly aiding some deed fraud/elder abuse, and yes, I’d like them to stop crossing boundaries as well, but when I checked records, it didn’t resolve bc they never submitted afadavit of death on either property owned by elder neighbor. Now they don’t want to show me snapshot. I don’t want to scam, I also don’t want to be scammed, or have surprise of losing my rental family home bc something they did catches up. So any help in determining if it’s my right as renter to have proof would be great.

  4. #4
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    Mar 2013
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    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    Who have you been paying rent to in the past?

  5. #5

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    I had been paying rent to my housemate who sublet to me as he had to many in past years, when he died I took over rental and was granted a lease with these newish owners, these owners had never had my housemate sign a lease when they took over 5 years ago. There are allot of strange things surrounding property, lack of care, odd things housemate said, too much to go into but enough to make me start feeling uneasy about these “owners” I just want to know really if it’s my legal right as renter to demand proof of ownership, as they claim and call themselves on my lease “owners”

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    Quote Quoting Alegraelaine1
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    I had been paying rent to my housemate who sublet to me as he had to many in past years, when he died I took over rental and was granted a lease with these newish owners, these owners had never had my housemate sign a lease when they took over 5 years ago. There are allot of strange things surrounding property, lack of care, odd things housemate said, too much to go into but enough to make me start feeling uneasy about these “owners” I just want to know really if it’s my legal right as renter to demand proof of ownership, as they claim and call themselves on my lease “owners”
    I understand that you are worried about potentially fishy things going on. However, whether or not they prove to you that they own the property is not going to make any difference at this point. They have been collecting rent for 5 years and you signed a lease with them. If some new heir comes out of the woodwork someday you will deal with it at that point.

  7. #7
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    Mar 2013
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    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    Quote Quoting Alegraelaine1
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    when he died I took over rental and was granted a lease with these newish owners,
    Presumably you kept a copy of the lease and the lease has your name on it and the other person's name on it and both your signatures. You pay that other person for the duration of the lease. Doesn't matter if Donald Trump owns the house.

    Quote Quoting Alegraelaine1
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    I just want to know really if it’s my legal right as renter to demand proof of ownership
    Yes, you have a "legal" right to "demand." There's no law against demanding. I haven't found any law requiring that they give you proof.

    Quote Quoting Alegraelaine1
    View Post
    There are allot of strange things surrounding property, lack of care,
    You can read the CA landlord tenant statutes for your rights and remedies regarding the condition of the property.

    http://leginfo.legislature.ca.gov/fa...er=2.&article=

  8. #8

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    They didn’t follow law and transfer it after death- which would have required a deed. At this point they are not the owners of record, it seems the lease I signed 6 mo ago where they stated ownership is not valid in counties eyes, ie, if I forced eviction they would have to prove ownership to county first. Why should I have to trust that they are actual heirs when they didn’t follow procedure- makes it seem even fishier, what if the deceased owner actually left it to my former housemate who’d lived here for 25 years? And not them, the neighbors of 5 years.

  9. #9
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    Mar 2013
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    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    if I forced eviction they would have to prove ownership to county first
    I don't think so. I think that what the judge would want to know is:

    1 - Did you have a lease with the plaintiff? Yes.
    2 - Did you pay the rent to the plaintiff? No.

    Your protestations about ownership would fall on deaf ears. Especially since you haven't raised the issue since you signed the lease 6 months ago.

    You do what you want to do.

  10. #10
    Join Date
    Jul 2018
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    2,745

    Default Re: Landlord Claims Property Ownership but Never Transferred After Death of Neighbor/

    Quote Quoting Alegraelaine1
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    My landlord claims they inherited my rental property from their neighbor upon his death.
    Your "landlord" (singular) claims "they" (plural) inherited the property? Huh? I note that, in the other thread you started on this identical subject, you referred to your "landlords" (plural).

    Anyway, I responded in the other thread, so I won't repeat that response here.

    Quote Quoting adjusterjack
    View Post
    I think that what the judge would want to know is:

    1 - Did you have a lease with the plaintiff? Yes.
    2 - Did you pay the rent to the plaintiff? No.

    Your protestations about ownership would fall on deaf ears. Especially since you haven't raised the issue since you signed the lease 6 months ago.
    I disagree. If the defendant pleads and proves that the plaintiff in the unlawful detainer case is not the owner of the property, then the court will award judgment in favor of the defendant.

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