Hesperia, CA asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California

Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived

on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the man who rented the property to me. Can the family selling the landlords property evict me from a property that was never really his . The real owner of the property is also dead, is there anyway to fight this, do I have any legal stand in staying on the property I was renting all these years?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and consistent rent payments, you may have rights as a bona fide tenant. The fact that the actual owner did not challenge your occupancy for eight years could be seen as implicit consent, although this can be a challenging argument. If you've made significant improvements to the property, you might have additional rights or claims. Before making any decisions, it's crucial to consult with an attorney experienced in real estate and tenant laws. They can guide you on the best steps to take and whether you have any defenses to an eviction or any claims to compensation. Addressing this matter with proper legal counsel will be vital to protect your rights.

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