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Money & Finance > Renters Beware
 

Renters Beware

To all Renters in California and especially in Kern County-
Protect Yourself when signing a rental agreement with any Landlord.
Here is what you need to know:
You as the tenant faithfully pay your rent to the Landlord each month.
The Landlord collects the rent, and if he is honest, applies it to his monthly mortgage payment or Loan. That is how it is supposed to occur. However, be aware that in California, there is no law or court rulings that mandate a Landlord to use the rent money you give him to pay his monthly mortgage payment or Loan. And, if you have to go to court as a renter and want to try to get the money back from the Landlord, the Judges will side with the Landlord. The Landlord has no obligation to the Tenant to use the money given by the tenant for rent for the mortgage payment or Loan. That money can be used by the Landlord however he wishes to use it. If he wwants to spend it gambling- that's Ok. It's their money and they can do with it as they wish. And you the Tenant have no recourse or protection from either the state or the courts.
So Renters, how can you protect yourself?
Here's how:
When you sign the Rental Agreement, add the following provision to become part of the Rental Application Contract::
"Tenant agrees to pay Landlord $_________ per month. Landlord agrees to solely and exclusively use Monthly Rental Payment from Tenant for Landlord's Mortgage payment or Loan Payment for property address identified in the Rental Application.
Tenant shall be entitled to have written proof on a monthly basis that Landlord has paid his monthly mortgage payment or Loan.
If Landlord fails to pay his monthly mortgage payment or Loan payment, Landlord will have breached the contract, and said contract will become null, void and unenforceable.
Further, Tenant will have legal recourse and grounds for legal action to recover all monies paid to Landlord for any and all months that Landlord failed to pay monthly Mortgage Payments or Loan Payments."
Renters,

By adding this clause ( makes sure to have Landlord sign and date, and also have notarized) you have now made this provision part of the Contract,. Thus, when and if you have to go to Court, you have a much greater chance of getting your money back because now, Contract Law Rules will apply.
I know many Landlords will take offense and will balk at including this clause into the contract. If you as a prospective tenant come across a Landlord who will not put this clause into the contract, then don't rent from that Landlord. There are many honest, reputable Landlords who will not be afraid to have this clause included in the agreement.

posted on Jan 17, 2009 7:37 AM ()

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