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04-06-2010, 09:58 AM
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We rent a house that has gone through foreclosure. Is back rent owed without an agreement?
The new owner, Bobo, purchased the home through auction in Dec 2009. He came to us for the first time on/or about January 15th but did not discuss the rent amount. He did not come to discuss the amount and collect rent until February 12, 2010. We did not get his mailing address until then, and stated we were waiting for a rental agreement. Bobo said we weren't required to have a written agreement for a month-to-month tenancy. Do we owe the 1 1/2 months(1/2 of Dec and January's full month) of rent, even if we did not have any agreement(verbal or written) in place?
We have also submitted a Notice to Vacate(mailed w/ rent on April 1st), with leave date by May 1st. Also can he evict within 3 days for that non-payment in Dec-Jan?
Last edited by IMChicago; 04-06-2010 at 10:20 AM..
Reason: Add details.
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04-06-2010, 11:57 AM
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Location: Living on the Coast in Oxnard CA
8,076 posts, read 8,776,901 times
Reputation: 9361
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Why wouldn't the rent be owed?
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04-06-2010, 12:02 PM
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Location: IE
1,895 posts, read 1,901,068 times
Reputation: 1074
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Yup. Any judge will state you can't live anywhere for free UNLESS there is a written agreement for free rent. If Bobo wants to sue you in Small Claims Court, he will win.
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04-06-2010, 12:14 PM
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110 posts, read 87,342 times
Reputation: 120
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You may owe the rent, but not not necessarily to Bob. It depends on what he purchased in the auction. He probably shoudl show you somethign in writing. He should have also make a demand earlier. Is the monthy rent amount in dispute?
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04-06-2010, 05:05 PM
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Location: Columbia, California
6,138 posts, read 9,284,128 times
Reputation: 3911
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Quote:
Originally Posted by IMChicago
,,,,We have also submitted a Notice to Vacate(mailed w/ rent on April 1st), with leave date by May 1st. Also can he evict within 3 days for that non-payment in Dec-Jan?
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Eviction is a very long process, can take from 3 to 6 months legally.
Pay your rent.
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04-06-2010, 06:14 PM
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129 posts, read 148,488 times
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i have heard this questions so many times from people. My answer is: what does common sense tells you are are you listening to greed.
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04-06-2010, 06:32 PM
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1,625 posts, read 1,353,708 times
Reputation: 1023
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you owe someone rent, but that someone depends on who holds title to the property. My friend went through this up in Sac and the renters' advocacy group told her to just keep sending her checks to the same manager even if both owner & manager have changed & it was a convoluted financial mess. Someone cashed her checks and was holding the funds but she didn't know who.
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