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Old 09-20-2007, 10:11 AM
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Join Date: Sep 2007
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Default who do I owe?

I have a shop and am behind in the rent.I told the landlord I would be moving out. she has moved to W.V and I have no way to contact her. she signed the property over to her step daughter who is now the legal owner of the property.the step daughter has broken into the shop and taken things, tools,all paperwork,customer lists,all my past rent receipts and my copy of my lease. she used the police to help her get in, telling them I abandoned the property. I was working there 3 days before this!! she now claimed I owe her the past rent.she also breaks in anytime she wants too. the police are of the idea that she can do this because she now owns the property.I never signed anything with her and there has been no eviction papers filed. does the past due rent automatically transfer to the new owner,or do I pay the previous owner,as this is who I had the lease with?
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Old 09-20-2007, 08:06 PM
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Join Date: Nov 2006
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Quote:
Originally Posted by thorkin69 View Post
I have a shop and am behind in the rent.I told the landlord I would be moving out. she has moved to W.V and I have no way to contact her. she signed the property over to her step daughter who is now the legal owner of the property.the step daughter has broken into the shop and taken things, tools,all paperwork,customer lists,all my past rent receipts and my copy of my lease. she used the police to help her get in, telling them I abandoned the property. I was working there 3 days before this!! she now claimed I owe her the past rent.she also breaks in anytime she wants too. the police are of the idea that she can do this because she now owns the property.I never signed anything with her and there has been no eviction papers filed. does the past due rent automatically transfer to the new owner,or do I pay the previous owner,as this is who I had the lease with?

Unfortunately, you'd need to check the terms of your lease and see if it transfers with ownership of the property. While that's typically the "standard," it may not apply in your state and you'd need to check with an real estate attorney in your area. If that's in fact the case, you need to pay the current landlord (in this case the daughter.) If you want to cover your bases, you can send business bank checks (cancelled checks will be your physical receipts) either via registered mail or "signature required," again to document your papertrail. I'd even go so far as to begin doing that once you've found out if that's standard procedure in your part of the country (transfer of lease with ownership of the land.)

I think it's advisable to contact an attorney there as soon as possible. Unless the police are still holding your items for some reason (not very likely,) you have what amounts to a theft and accepting your post at face value, a good case for small claims court (depending on the amount of the items removed.) Note: that's IF the lease is still in effect. At the very least, he/she can demand a copy of the lease to research both the transfer of ownership AND any specific conditions referred in the lease stating landlord visitation conditions, etc. You need to find out what conditions were stated there also in regards to your vacation of the property prior to the lease expiration as well. (You may have inadvertantly voided it yourself.) No real way to tell without seeing that lease.

Contact an attorney as soon as you can. He/she can at least pull current state statute re: ownership of the land so you can bring your rent current if needs be. In my opinion, that's the first place to start. In the meantime, I'd suggest you make a good inventory of both what is missing and anything that may still be there in the business itself, along with documentation of what you've paid for it. Good luck to you.

*Note: A quick call to the county clerk's office where the transfer was recorded was tell you whether or not the previous owner's address is currently on record. A copy of the recorded warranty deed (or other equivalent transfer) should be available for a minor fee. While she can't help in legal proceedings, your former landlord may be able to intervene on a "family level" if you make her aware (in writing, of course, w/documentation) of what's transpired in her absence. I wouldn't suggest you wait for a response before seeking legal counsel because of the rent issue; just another possible avenue for you to resolve this problem as quickly as you can.

Last edited by TheJury'sStillOut : 09-21-2007 at 06:50 AM. Reason: added*
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