Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I was traveling in France when a notice of change of

Customer Question
I was traveling in...

I was traveling in France when a notice of change of ownership was delivered to my apartment on August 29th. i had left the day before and had no idea the building was sold. I had mailed the rent to the old landlady. when i returned i paid late rent and rent for the next month to new owner.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California. he has filled an evection papers and he said he won't evict me but i have to pay him 2,500 for layers fee he incured doing the unlawful detainer.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Thanks

Lawyer's Assistant: Has anything been filed or reported?

Yes he filed an unlawful detainer on the 15th of this month.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was he obligated to give me more notice of change of ownership? do i have to reimburse him for lawyers fees to stay in my apt. It is rent controlled.

Submitted: 10 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 30 minutes by:
9/20/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The old landlady was obligated to transfer any payments she received to the new landlord. Late fees are illegal in residential leases in California. You do not ever owe a late fee for past due rent. Cal. Civ. Code, Section 1671. If you wound up in court on this, you could defend based on the fact that they only gave you 2 days notice of the change and your rent had already been mailed (not to mention the fact that you were out of the country).

The statutes don't specifically address how much time a landlord must give a tenant when changing the payment address, but it could technically be construed as a change in the lease which means they must give you 60 days notice under Cal. Civ. Code, Section 827.

When a new owner purchases a rental building, the old lease transfers in its entirety. The new owner cannot change any terms without your consent. That means, if the original lease did not provide for you to pay legal fees, you do not have to pay the new owner. Ask them to produce a copy of a lease signed by you saying that you agreed to pay attorney's fees, because the burden is on them to do that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Landlord-Tenant Question
Lawyer: Lucy, Esq., Attorney replied 10 months ago

Do you have any questions about this?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am moving out the 15th of this month. Do I have the right
I am moving out the 15th of this month. Do I have the right to pro-rate rent and pay her on the 15th? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I live in florida and I am the only one on the lease. I
I live in florida and I am the only one on the lease. I decided to get a roommate to help with bills. He moved in the second week of August, he paid rent on the first of September and then when Octobe… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Massachusetts 2 family home non owner occupied tenant is
massachusetts 2 family home non owner occupied tenant is almost 3 months behind in rent when i last spoke to tenant i was told he would start paying weekly but that has not happened tenant is ignoring… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
My current lease will end at the end of the month. My
Hello, so my current lease will end at the end of the month. My roommate, who is not on the lease with the leasing office and just on a verbal agreement with me, decided to not pay rent and told me he… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have been having a hard time renting a home because 4
I have been having a hard time renting a home because 4 years ago a landlord filed an unlawful detainer against me without my knowledge. He gave me boyfriend (who wasn't on the lease) the 3 day notice… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I live in California, Los Angeles County. How can I legally
I live in California, Los Angeles County. How can I legally get my boyfriend to move out of my home? I own the house, and he & his 8 yr old son have lived with me in this house since Oct 2012. (His so… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Ex husband rented apt to his daughter and I in Jan he is now
Ex husband rented apt to his daughter and I in Jan he is now in prison for heroine his girlfriend has gotten a lot and is trying to evict us for non payment of rent this was a verbal agreement between… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My daughter is moving our of her apartment because she received
My daughter is moving our of her apartment because she received an unlawful detainer. She needs to be out by 7/31/14. She cannot take all her furniture with her. Are there any legal consequences of le… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I purchased a Miami condo on September 19. The existing tenant
I purchased a Miami condo on September 19. The existing tenant was given notice by the previous owner on August 31 confirming their mutual agreement that he would vacate the property on October 31 - h… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Good evening. My name is XXXXX XXXXX I am in the process of completing
Good evening. My name is XXXXX XXXXX I am in the process of completing an application for stay as I appeal an unlawful detainer case that i lost 2 days ago. My opinion is that the property manager is … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
Response to XXXXX XXXXX regarding early (vacancy), discontinuation
Response to XXXXX XXXXX regarding early (vacancy), discontinuation of “month to month” lease agreement (as dated below)… RCW 59.18.200 Tenancy from month to month or for rental period — Termination No… read more
Lucy, Esq.
Lucy, Esq.
Attorney
Juris Doctor
32,264 satisfied customers
Ive been renting a home in Redwood City, CA for two (2) years.
I've been renting a home in Redwood City, CA for two (2) years. The landlord put the home for sale, and the title officially transferred to the new landlord on 7/5/2013. I learned this because the bro… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Hello. In February of this year I moved in with an acquaintance
Hello. In February of this year I moved in with an acquaintance of mine...into the spare room of the house that he owns. We do not have a written lease. There was a verbal agreement that I would pay $… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am a 35 years-long resident of a nice apartment complex in
I am a 35 years-long resident of a nice apartment complex in Palos Verdes. Over the years I have maintained a good relationship with the owners and management of my complex. Nevertheless I am late wit… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
I am renting a bedroom and bathroom from a lady who also lives
I am renting a bedroom and bathroom from a lady who also lives in this house. We have no written agreement, but she agreed to accept $150.00 per month as rent and I agreed to also do all housecleaning… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
If my landlord gave me a 3 day notice on May 22, 2012. It
If my landlord gave me a 3 day notice on May 22, 2012. It was not truthful or correct but a judge would have to determine that outcome if he followed up with the Unlawful Detain er. Giving me my day i… read more
Fritz
Fritz
209 satisfied customers
I live in Arizona. My rental agreement expired July 2011 and
I live in Arizona. My rental agreement expired July 2011 and my landlady and I never got around to renewing the lease because of travels etc. I remained in the house and all was fine with the landlady… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I am a tenant in an apartment in Marin County California (
I am a tenant in an apartment in Marin County California ( my name is XXXXX XXXXX lease). I subleased a room to someone and he has lived here over a year with no problems. Last November he assaulted m… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x