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Old 03-03-2014, 03:34 PM
 
Location: Riverside Ca
22,148 posts, read 30,080,864 times
Reputation: 35359

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Quote:
Originally Posted by MikeJaquish View Post
I am curious regarding the contract, and the lease. They do matter.

And, the OP needs to be on the phone to an attorney. Today.
Here is how I see it
Unless the sales agreement specifically assigned the rent from that tenant to the old owner usually the new owner is the one who starts to collect the rent after purchase goes through. And if that was the case the new owner wouldn't be complaining.

Yes the new owner needs to see a attorney immediately.
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Old 03-03-2014, 03:38 PM
 
28,005 posts, read 60,532,802 times
Reputation: 22921
Quote:
Originally Posted by REinvestor88 View Post
I just bought a 4 unit retail center. One of my tenants refuses to believe I bought the building and is still paying the landlord that sold me the property. I have given him the assignment of rents to show. He obviously doesn't understand. What are my options? I'm about to send a notice to vacate. Does anyone have any advice?

Also The seller that sold me the property keeps telling me they owe back rent and refuses to write me a check.
I've always handled this via an Estoppel Letter.

This way all parties have written documentation.

Occasionally, Escrow will hold back say 1 or 2% of the purchase price for 90 days.

At this point, serve notice...

Self Help as in changing locks is still risky even with commercial property... just make sure you are willing to assume the full risk... such as loss of business, etc.
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Old 03-03-2014, 04:37 PM
 
9,698 posts, read 6,790,305 times
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i would change the locks because he bought the property but give the tenant a new key after he sign a new lease agreement
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Old 03-03-2014, 04:52 PM
 
Location: Cary, NC
41,114 posts, read 71,310,871 times
Reputation: 42673
Quote:
Originally Posted by Electrician4you View Post
Here is how I see it
Unless the sales agreement specifically assigned the rent from that tenant to the old owner usually the new owner is the one who starts to collect the rent after purchase goes through. And if that was the case the new owner wouldn't be complaining.

Yes the new owner needs to see a attorney immediately.

All I see is "Unless..." And that is why he needs an attorney: To tell him what he signed.
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Old 03-03-2014, 04:56 PM
 
Location: On the Ohio River in Western, KY
3,388 posts, read 6,385,325 times
Reputation: 3362
Quote:
Originally Posted by REinvestor88 View Post
Electrician4you- great advice! I'm planning on changing his locks he will find out real quick whose in charge. I'm just in utter shock how dishonest people can be (old landlord).

You do that, good luck in NOT getting sued.

You can NOT legally change the locks, W/O going through legal, proper channels first.

Those start at a 7 day pay or vacate letter, then a filing of a formal eviction through the courts.

As for the old LL keeping the rent, that's a seperate lawsuit of theft, and you will have to take them to small claims court.

But DO NOT be stupid and just change the locks, if you go down that road, you might end up owing the tenant money!
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Old 03-03-2014, 05:21 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 21,375,169 times
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Quote:
Originally Posted by brownbagg View Post
i would change the locks because he bought the property but give the tenant a new key after he sign a new lease agreement
Which would be highly illegal in CA, both civilly and probably criminally.
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Old 03-03-2014, 05:42 PM
 
Location: Living on the Coast in Oxnard CA
16,290 posts, read 30,732,578 times
Reputation: 21875
In California you can not change the locks. You can submit a pay or quit notice, usually when the rent is late. Lets say you give them 3 days to pay or quit. After that you need to get over to the court house to get an eviction started. They are served a notice and a court date is set. After your day in court a judgment is given. A date then will be set perform the eviction.

From the OP's few posts I am getting that this tennent has not paid the rent or is very late in paying the rent. They may in fact owe rent from earlier months. Still that does not cover the current months rent or months since the OP purchased the building.

If this has been going on for some time you may have a problem child on your hands.

As a new building owner I would start learning about the rental laws in your state. You want to protect yourself and your investment. You may want to hire a Real Estate Attorney as well. They can take care of the Eviction process.
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Old 03-03-2014, 07:37 PM
 
Location: Riverside Ca
22,148 posts, read 30,080,864 times
Reputation: 35359
Quote:
Originally Posted by MikeJaquish View Post
All I see is "Unless..." And that is why he needs an attorney: To tell him what he signed.


I'm not disagreeing that he needs a lawyer. I would think stuff like this was ironed out before the sale.
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Old 03-03-2014, 08:35 PM
 
Location: Southern California
4,453 posts, read 6,401,360 times
Reputation: 2232
Quote:
Originally Posted by Electrician4you View Post
Wait if he is the current owner and the tenant is sending the rent money to the old LL and the old LL is cashing the checks that's theft. If you're talking prior rent owed why not? When he bought the. Property he bought the business with all accounts payable receivable and past due.
I think James' point is the tenant should be paying the current owner, if the tenant chooses to send it to the old LL, it is up to the tenant to get that money back and pay it to the current LL, which I agree with based on my assumptions of the transaction.
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Old 03-03-2014, 10:44 PM
 
Location: Oregon
895 posts, read 1,579,574 times
Reputation: 1016
Quote:
Originally Posted by REinvestor88 View Post
I just bought a 4 unit retail center. One of my tenants refuses to believe I bought the building and is still paying the landlord that sold me the property. I have given him the assignment of rents to show. He obviously doesn't understand. What are my options? I'm about to send a notice to vacate. Does anyone have any advice?

Also The seller that sold me the property keeps telling me they owe back rent and refuses to write me a check.
the old landlord may have told the tenant to keep paying him. you need a legal statement in plain language that shows why he has to pay YOU the current rent. i wouldn't evict at this point yet, since it's clearly a misunderstanding and might be the old LL manipulating them. Just warn them, and spell the whole thing out in easy language for average joes who have no business education.

Then look into what the former LL is up to, as he may not really have back rent owed, and possibly shouldn't have accepted it even if it was owed.
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