Legal Question in Landlord & Tenant Law in California

Greetings and thank you for this opportunity to submit a question regarding legalities for tenants rights.

I moved into this apartment complex about 3 weeks ago and my eyes have been set wide open to problems now that I'm here. My upstairs neighbor has informed me of all the illegal activities the management has been doing here and I'm concerned about my legal rights now.

I had no idea I was moving into the danger zone when I came here and I'm sorry I moved here. I'm under a 1 year lease and want out. Even though I've been homeless for the previous 4 months (by choice, moving from state to state looking for work), I would rather be back homeless than living in this danger dump.

I was informed that the owners here are currently under foreclosure. Is it true that I am legally allowed to withhold rent durring my stay until they settle the sale of this property AND am I safe from being evicted and having that eviction placed on my credit report?

I was also informed that the office management is severely deceitful in business practices and have spent several hours locking the office to manulipulate computer information to match their illegal records, however if they were ever audited or investigated, they would be found criminally liable for their actions with the tenants.

Please help me know what my options are for living or leaving here.

Thank you.


Asked on 9/05/11, 1:44 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Whether the owners are current or behind on their mortgage payments is an issue concerning the lender and the owner. Until the property is sold at foreclosure, they remain the owners and you are required to pay them rent. If you fail to pay rent they can move to evict you. why should a tenant be able to stay in a place and not pay rent to someone?

As to any shady dealings by management, you have not provided any information as to anything done that is harmful to you. To get out of your lease, you must provide facts showing you were mislead, being cheated, etc. Do not listen to non-professionals as to legal matters, as they often are wrong.

Read more
Answered on 9/05/11, 7:02 pm

Mr. Shers is correct. There is nothing at all illegal about not paying a mortgage and it is none of the tenants' business. If the property is foreclosed, it is no different than if it was sold - the new owner simply becomes your landlord under the same lease. All your lease rights and obligations are intact. As for any other illegal activity, you don't describe any; you just say it exists. Without more information than that I cannot help you. I can tell you, however, that there is almost nothing an apartment building owner or manager could be doing regarding the tenants that would be criminal. So that tells me you are probably seriously wrong about what you think is going on.

Read more
Answered on 9/06/11, 11:26 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California