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Old 03-03-2014, 10:18 PM
 
Location: Riverside Ca
22,155 posts, read 29,567,439 times
Reputation: 35334

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Quote:
Originally Posted by thelopez2 View Post
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.

Yeah i just thought the old LL would of said hey you can't send the rent to me anymore. You have to send it to so and so. Maybe the guy isn't paying anybody.
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Old 03-03-2014, 10:37 PM
 
9,893 posts, read 10,605,809 times
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Here is information you need. As it notes, in Colorado you just cannot change the locks.

It tells about a 3 day notice to vacate or pay rent, due to breech of contract.

As it tells you the court you go through is the Colorado Civil Court in your area. There are no rent courts in California, but the civil court system can bring it to the head in a very short time. After the 3 day notice pay or vacate, if he has not done so you get an eviction notice and file it with the local civil court and present a copy to the renter.

Most tenants will move out or pay rent when they get the first notice to move or pay. The ones that don't, will mostly move before the court date which is not very long. The judge gives them an order to move in very few days. If they don't move you take the notice to the local sheriff's office which will send a deputy with them who will order them to immediately remove their possessions from the property and stand there while they do it, and tell them to give you t heir keys. When in the commercial/investment real estate business in Colorado, have use this process to evict a few people. I never had to hire a lawyer, and the forms can be had at any office supply, at the courthouse or on line.

NOTE: Always serve the tenant the 3 day notice in person (as it takes longer if pasted to their door and mailed, and have someone with you as a witness. Good idea for the witness to take a photo of them receiving the notice as proof they received it. If they have not moved by the third day or paid rent, on the 4th day go for the eviction.

Colorado Eviction

Downloadable forms for Free: Colorado Evictions

Colorado is one of the easiest states to do an eviction.

The 3 day period to move is 3 days and if some of them or a weekend, they still count as one of the days.
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Old 03-03-2014, 10:41 PM
 
Location: Southern California
4,453 posts, read 6,351,741 times
Reputation: 2229
Quote:
Originally Posted by Electrician4you View Post
Yeah i just thought the old LL would of said hey you can't send the rent to me anymore. You have to send it to so and so. Maybe the guy isn't paying anybody.
The old landlord is accepting the rent and using the excuse that he is owed back rent and is not forwarding it nor notifying the old tenant that the tenant should be paying the new LL. Very possible there is collusion and the renter is not paying anyone.

The rent rolls would be an interesting discussion. If the old LL list the rent as $1000, but the the tenant is still suppose to pay the old LL the $1000, the rent that will be paid to the new LL would be $0.
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Old 03-04-2014, 05:56 AM
 
Location: Riverside Ca
22,155 posts, read 29,567,439 times
Reputation: 35334
Quote:
Originally Posted by thelopez2 View Post
The old landlord is accepting the rent and using the excuse that he is owed back rent and is not forwarding it nor notifying the old tenant that the tenant should be paying the new LL. Very possible there is collusion and the renter is not paying anyone.

The rent rolls would be an interesting discussion. If the old LL list the rent as $1000, but the the tenant is still suppose to pay the old LL the $1000, the rent that will be paid to the new LL would be $0.

That's a possibility. If that's the case the old LL is stealing. He should go take the tenant to court for the back owed rent while he was the owner. To me it's theft. I would get a lawyer involved ASAP
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Old 03-04-2014, 11:01 AM
 
Location: Seattle Area
1,716 posts, read 1,902,432 times
Reputation: 4141
If you have notified the tenant, following all applicable laws, then the fact he is paying the old LL is not your issue. he is essentially give the old landlord a gift. Giving him a gift does not take away from his obligation to pay you rent. I would start the late/past due rent collection process that is in the lease you inherited.
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Old 03-04-2014, 12:59 PM
 
Location: Living on the Coast in Oxnard CA
16,290 posts, read 30,518,706 times
Reputation: 21858
Here is another thought: Shouldn't the new owner have found out who is up to date with the rent? Maybe I am uneducated on this kind of stuff, but shouldn't it be a part of the deal to understand who is up to date on paying the rent? Owning a building is a business. You are renting out something that you own, the unit, apartment, store front. If I were going to buy a building I would want to know what the income of that building is. I would want to see rental history and understand if one tennent is late all the time.

If I were selling my building I would be selling my problems if a tennent did not pay. Does a formet landlord have a stake if past rent when the building is sold? It would seem that if wanting to get the rent had been a concern that they would have taken care of the problem before selling the building.
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Old 03-04-2014, 02:16 PM
Status: "Making the Retirement Run in under 12 parsecs!!!" (set 25 days ago)
 
Location: Cary, NC
40,774 posts, read 70,637,326 times
Reputation: 42227
Quote:
Originally Posted by SOON2BNSURPRISE View Post
Here is another thought: Shouldn't the new owner have found out who is up to date with the rent? Maybe I am uneducated on this kind of stuff, but shouldn't it be a part of the deal to understand who is up to date on paying the rent? Owning a building is a business. You are renting out something that you own, the unit, apartment, store front. If I were going to buy a building I would want to know what the income of that building is. I would want to see rental history and understand if one tennent is late all the time.

If I were selling my building I would be selling my problems if a tennent did not pay. Does a formet landlord have a stake if past rent when the building is sold? It would seem that if wanting to get the rent had been a concern that they would have taken care of the problem before selling the building.

You are right. Actually, the whole thing sounds like it was done very casually. This stuff should all be hammered out in the sales contract.
The OP should only need to contact his attorney for the transaction and get some support.
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