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I am renting a room (with a rental agreement) from someone,

Customer Question
I am renting a...

I am renting a room (with a rental agreement) from someone, and they just got a notice that the home was foreclosed on yesterday, and the new owner said in the letter that I will have to prove that I have been making payments for the last 3 months. It just signed the lease a couple of months ago and have been paying him in cash because he said he can't take checks. Do I have to prove that I was making the payments to him?

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

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No

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

No, I have a 4 year old son, and we paid and first and last, and I don't have money to move again.

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/27/2018
Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Landlord-Tenant
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 3 months ago
ok
Lawyer: Nisha Jones,
 replied 3 months ago

Usually when ownership of a home transfers from one person to another, any ongoing lease must be honored.

The problem here is that without proof that payments have been made, the new owners can allege that you violated the terms of the lease by failure to pay rent, and that the lease is therefore now null and void, which means that they no longer have a legal duty to honor it.

Since you paid in cash, you can explain your current predicament to your former landlord, and ask that he provide you with back dated receipts.

This should be sufficient to establish to the new owners that you have in fact honored your obligations under the lease, and that the lease therefore is still in effect and legally enforceable.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 3 months ago
Hi, yes, this is very helpful. Another question I have, if I want to stay for the rest of my rental agreement (9 more months), and just pay the new investor the $1,000/mo, do they have to agree to these terms? I read somewhere that I would have to file a Prejudgement Claim? Is this the case? Please advise. Thank you.
Lawyer: Nisha Jones,
 replied 3 months ago

Yes, the new owners do have to abide by the pre-existing lease.

It is imperative that you produce the evidence that we discussed earlier, to demonstrate you have in fact been in compliance with your lease.

The prejudgment claim is something that would be filed by the new owners, not you, and works similarly to an unlawful detainer or eviction notice.

If one is served, you would have the opportunity to respond and to appear in court to show the validity of your lease.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 3 months ago
Hi, can the investor demand to see bank statements as proof of the rental payments if I provide the receipts from the landlord showing that I made my payments in cash? My rental agreement even states that all of the payments had to be paid in cash.
Lawyer: Nisha Jones,
 replied 3 months ago

Receipts from your former landlord should be sufficient.

If the investor still will not accept that as sufficient evidence of your valid lease agreement, then it would be time to consult with a local attorney to represent you in this matter.

If that becomes necessary, you can contact the California State Bar and ask for a referral to a real estate attorney in your area.

The phone number is:

866-44-CA-LAW(###) ###-####

I hope that helps!

Don't forget to rate, thanks!

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Customer reply replied 3 months ago
Does the lease have to be an arms length lease, I have been renting from my grand father
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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.

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