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I realize that this question is similar to a previous one, but it also involves asking about my Credit Score/Report and I wanted the attorney who reviews it to have background info. I wasn't sure how to handle it. Sorry if I did it the wrong way.I had leased my present residence in CA from a private party (a couple) for two years which started with a 1 year lease agreement that rolled over to a month to month. At the two year mark I entered a new 2 year lease with the husband [who I had paid my rent/lease payment to from the very beginning of the original lease. Paying via direct deposit to his checking account after the first/last/and $1,000 security deposit had been paid at the end of August 2014. The new lease's term began on 9/1/2016 and terminates on 9/1/2018. In the meantime, the owner's went through a divorce and the wife was awarded the house. It is written in their divorce papers that the two parties agreed that the husband did not have actual authority to enter the lease due to the ATROs /ARTOs (?). This was determined almost a year after I entered the new 2-year lease agreement. So now she is claiming that the lease is invalid. The divorce judge stated that the husband was to ask his renter to vacate the premises in 30 days, but that the issue of the residence would be held under the Court’s jurisdiction until full ownership is granted to the wife [she must secure a new loan (of which she is claiming that she currently lives at the residence) and pay the husband a set sum of $xx,xxxx stated in the divorce documents]. The judge said “hopefully his renter will move out”--he did not say the renter had to move out. It is also stated that until the wife obtains full possession of the home the husband is to collect all rents and pay the mortgage—so I have continued to pay him in accordance to my lease contract and the divorce documents, even though she wanted me to pay her. 14 days after (before she presented a 60 day notice also) the date on the divorce documents the wife change both PG&E and CA Water into her name without my knowledge which messed up my payment plan—as soon as I became aware of that happening I changed both utilities back to my name. I was concerned that if I didn’t take responsibility for the utilities it would become a breach of the lease even though I did not make the change. She also changed her mailing address to the residence that I am living in before she actually resided in the house.When I signed the current lease agreement/contract I had no idea that the husband supposedly did not have authority to enter a lease (since I always paid the husband and contacted him if there were any minor repairs that needed to be fixed.). I have been told that even if he did not have actual authority (due to the ATRO/ARTO’S ?) he still had apparent authority and that is enough to make the current lease agreement/contract legally binding/valid. Is that true? I entered the lease contract in good faith and have paid my rent/lease payment on time to the husband, if not early, since September of 2014. Also, just recently the water heater went out and I contacted both the husband and the wife via a group text and the wife texted me “According to your lease agreement. ------- (her husband’s name) is your landlord. ------- (her husband’s name) please let Lisa know how you want to take care of this issue.” In that text is she contradicting herself? For until this issue she has been claiming that the lease is invalid and now that there is an issue that needs to be handled which involve spending money the lease is valid/an active lease.As things have turned out, the wife was awarded the house. Consequently, she wants to move back into the house that I am renting and issued a 60-day notice after attempting to give me a 30-day notice via text. In this situation is the 60-day notice even enforceable? She is threatening to start eviction proceedings if I have not moved out at the end of the 60-day notice. When would that be if the 60-day notice was sent certified mail on August 2, 2017 but was not delivered until August 7, 2017 (I have the tracking record for the notice). If she starts the eviction process how badly could that affect my credit score/report since I do not owe any money (in fact the landlords owe me my last month’s rent and some potential if not all security deposit?) I do not want to leave the neighborhood, but I know that will have to eventually, so I would consider entertaining a buyout option. Any suggestions?
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Answered in 14 minutes by:
9/22/2017
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 43,421
Experience: 30 years as a Texas lawyer dealing in landlord tenant
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
Thank you! I apologize if the information is confusing.

An eviction here will surely affect your credit negatively and make renting another place very difficult.I would try for some kind of buyout or resolution.You are bound to have problems getting any funds back here likely they have been spent by one side or the other.The proper notice here should have started running from date of receipt.You may want to start looking here, you don't want these guys to muck up your credit with an eviction.You wouldn't know if proper notice was given here unless you wait for them to file for eviction.I would strongly consider leaving here and letting this go.You don't need the eviction and you can find another place especially if you can negotiate using last months rents or other security rather than paying more rent.

I appreciate the chance to help you today.Thanks again.

If you can psoitive rate 5 stars it is much appreciated.

rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 43,421
Experience: 30 years as a Texas lawyer dealing in landlord tenant
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