Legal Question in Landlord & Tenant Law in California

I live in a home with other roomates and the owner of the house.the owner of the house was incarcerated and someone that i dont know came by saying that she was here to collect rent what do i do?i found out that this person has had a restraing order against the owner and feel like she is trying to take advantage of the situation.


Asked on 5/07/10, 4:22 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Don't pay anyone but the landlord, or an agent for the landlord. If someone claims to be the landlord's agent, ask for proof - a copy of a management contract (with a licensed real estate broker), a power of attorney - something that gives you a level of assurance that you paid the rent to the right person. DO NOT pay the rent in cash. Pay only with a check that you can obtain a copy of once it has been negotiated. If you pay the wrong person, you need to be able to prove it, and a cancelled check is the only proof that will work. Can you contact the landlord in jail? If so, contact him and find out what he wants you to do. It would be better for you to take a proactive role and contact him than sit back and get evicted because it turns out the person demanding rent is actually working for him.

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Answered on 5/19/10, 4:40 pm


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