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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8134
Experience:  Since 1983
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I own my house, but not the land it sits on. The owner of the

Customer Question

I own my house, but not the land it sits on. The owner of the land is trying to evict me from my house. There is no signed Lease or Rental Agreement, because the one the owner of the land proposed was unreasonable and entitled him to gain not only my house but all insurance proceeds from any policy I purchased on my house. He has served me a 3day pay or quit through a lawyer. What are my legal rights?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 4 years ago.
-Could you explain your situation a little more?

How did your house end up on someone else's land?

What State is this in?
Customer: replied 4 years ago.
I own my house, but not the land it sits on. When I bought my house I signed a 20 year lease with the previous landowners. In 2006 the current landowner bought the land. There has never been a lease or rental agreement signed between the current land owner and myself. The current landowner is trying to evict me for past ground rent that was not paid by my ex when she had complete property control and I was legally unable to be in my own house. On May 1, 2009; I regained control and possession of my house. At that time I found out about the past ground rent that was owed. I have been trying to explain to the landowner that I am currently sueing my ex for that past amount owed and that when it is granted, I will settle the past amount due. However, he will not talk to me and has repeatedly tried to evict me. The past amount due is $1,700.00. My house is worth $32,000.00 (fair market value today). Also, since I have regained possession of my house I have paid every month. So what are my rights as the owner of my house? What laws are there that protect me and my investment? And how is it possibly legal for the landowner to evict me and obtain my house for not even 1% of the fair market value? He will not straight out buy my house and will not sell me the land either. He simply wants to own my house for a mere $1,700.00; just so he wont have to pay the $32,000.00 that it is worth. How is it legal or fair that I end up loosing so much that I had to work so hard for and he gains so much without deserving it?
Expert:  N Cal Attorney replied 4 years ago.
I have to ask what State the property is located in.
Customer: replied 4 years ago.
California
Expert:  N Cal Attorney replied 4 years ago.
I think you need a local attorney to read the 20 year lease to be able to advise you as to your rights.

You said you had made all rent payments as they came due since you have been there.

If you have receipts or canceled checks the landlord may have undermined his claim.

California Evidence Code 636. The payment of earlier rent or installments is presumed from a receipt for later rent or installments.
From http://leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=630-647

You can get a free consultation from some of the California landlord tenant lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Landlord_Tenant/California

I hope this information is helpful.
Customer: replied 4 years ago.
What do you mean when you say the landlord may have undermined his claim?
Expert:  N Cal Attorney replied 4 years ago.
His acceptance of later installments of rent from you leads to a presumption that all earlier installments were paid, under Evidence Code § 636, at least as to you. I don't know if you and you ex each signed the 20 year lease. But there is an argument that he waived all late payments by accepting payments from you without protest.

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