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Old 03-02-2014, 11:18 AM
 
3 posts, read 5,522 times
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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.
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Old 03-02-2014, 11:41 AM
 
Location: Riverside Ca
22,155 posts, read 29,682,798 times
Reputation: 35348
Send him notice to vacate due to non payment. If he still refuses to pay file for unlawful retainer. The old owner should not accept the payment. He is basically stealing your money if he accepts the payment. I would send him a letter requesting the rent that is/was being paid to him after you purchased the building to be forwarded to you. If he diesnt file on him for breach of contract. There could also be fraud. Get a lawyer involved

It's too bad you can't just evict for reason of stupidity.
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Old 03-02-2014, 11:59 AM
 
Location: Southern California
4,453 posts, read 6,363,071 times
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Without knowing the details of your contract, you probably bought with building with debts and deposit due to you, but if you did it without professional services, you are own your own with the negotiations.
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Old 03-02-2014, 12:37 PM
 
3 posts, read 5,522 times
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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).


Quote:
Originally Posted by Electrician4you View Post
Send him notice to vacate due to non payment. If he still refuses to pay file for unlawful retainer. The old owner should not accept the payment. He is basically stealing your money if he accepts the payment. I would send him a letter requesting the rent that is/was being paid to him after you purchased the building to be forwarded to you. If he diesnt file on him for breach of contract. There could also be fraud. Get a lawyer involved

It's too bad you can't just evict for reason of stupidity.
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Old 03-02-2014, 12:38 PM
 
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We had attorneys and title companies involved. It's just a shame people sometimes

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Originally Posted by thelopez2 View Post
Without knowing the details of your contract, you probably bought with building with debts and deposit due to you, but if you did it without professional services, you are own your own with the negotiations.
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Old 03-02-2014, 01:05 PM
 
Location: Southern California
4,453 posts, read 6,363,071 times
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Since you are asking such a question, you should find out if you can legally change the locks.
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Old 03-02-2014, 02:33 PM
 
Location: Riverside Ca
22,155 posts, read 29,682,798 times
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I don't think you can deny access to property. I would consult a lawyer on eviction. The old LL should of communicated with tenant and returned the rent with instructions on who the rent should be sent to. The guy sounds like he's just deliberately being a PITA.
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Old 03-02-2014, 03:25 PM
 
3,473 posts, read 3,503,911 times
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OP. DO NOT just change the locks. Changing the locks without going through the proper procedures could get you sued big time. You need to use the remedies provided to you by law. You cannot deny him access to the property until you have taken him to rent court and won. After you purchased the property, you should have sent him a certified letter telling him of the transaction and who to pay rent to from now on. If he still does not pay rent to you, you need to take him to rent court and get a judgment against him. After that you can evict or change the locks, whatever the law allows. The steps I have outlined to you are standard in most places; the law may be different in your jurisdiction. Check the law, follow the law, and if you don't understand it, or don't have the time to comply, hire an attorney or company that provides these services to landlords. If you don't want to hire an attorney or rent collection company right now, start out by going to the district court/rent court for that area and ask the clerks at the courthouse what forms to fill out and they should guide you.

Ignore his rent payments to the previous landlord; they do not concern you. The old landlord is out of it now and you should not be wasting your time chasing the rent that he paid the old landlord. This is between you and the tenant only. Good luck.

Last edited by james777; 03-02-2014 at 03:34 PM..
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Old 03-02-2014, 04:26 PM
 
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You need to go through an eviction process. Consult with an attorney; you'll have to get the rent back from the former landlord anyway and a strongly worded letter from the attorney sometimes works.
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Old 03-02-2014, 04:26 PM
 
Location: Riverside Ca
22,155 posts, read 29,682,798 times
Reputation: 35348
Quote:
Originally Posted by james777 View Post
OP. DO NOT just change the locks. Changing the locks without going through the proper procedures could get you sued big time. You need to use the remedies provided to you by law. You cannot deny him access to the property until you have taken him to rent court and won. After you purchased the property, you should have sent him a certified letter telling him of the transaction and who to pay rent to from now on. If he still does not pay rent to you, you need to take him to rent court and get a judgment against him. After that you can evict or change the locks, whatever the law allows. The steps I have outlined to you are standard in most places; the law may be different in your jurisdiction. Check the law, follow the law, and if you don't understand it, or don't have the time to comply, hire an attorney or company that provides these services to landlords. If you don't want to hire an attorney or rent collection company right now, start out by going to the district court/rent court for that area and ask the clerks at the courthouse what forms to fill out and they should guide you.

Ignore his rent payments to the previous landlord; they do not concern you. The old landlord is out of it now and you should not be wasting your time chasing the rent that he paid the old landlord. This is between you and the tenant only. Good luck.
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.
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