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    ortiz53's Avatar
    ortiz53 Posts: 2, Reputation: 1
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    #1

    Jan 12, 2009, 02:17 PM
    Breach of Contract Rent Money Owed.
    My brother and I own a home in California together. On April 1, 2006, my brother asked me if I would allow him to move into the home solely with his family. In exchange, He agreed to pay me $1200.00 per month for rent, for allowing him to occupy my half of the house. Since then he has paid me no money, and still currently resides in the home. I would like to know how Can I get this money paid to me. Im willing to file a lawsuit against him, but Im not sure on what grounds or If I could do this on my own with out a lawyer. I went to the local superior court today, But the county clerk told me that they don't provide legal advice. I hoping for some direction in this matter, All advice is welcome. Thank you!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 12, 2009, 02:37 PM

    Who's been making the mortgage payment?
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #3

    Jan 12, 2009, 02:42 PM

    Has he EVER paid you any rent or he has just stopped recently?

    If he really has never paid you any rent and you let it go for almost 3 years this basically shows that you allowed him to live there rent free... you should have dealt with this within 30 days of the first missed rent payment.

    I think all you can do is check on eviction procedures in your area and force him out but I don't think you can get 3 years worth of rent all at once, you never showed that you considered this a problem before now.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jan 12, 2009, 02:44 PM
    Quote Originally Posted by ortiz53 View Post
    On April 1, 2006, my brother asked me if I would allow him to move into the home. . .
    Since then he has paid me no money, and still currently resides in the home.
    Nope, brother hasn't paid :)
    ortiz53's Avatar
    ortiz53 Posts: 2, Reputation: 1
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    #5

    Jan 12, 2009, 08:43 PM
    Quote Originally Posted by Lowtax4eva View Post
    Has he EVER paid you any rent or he has just stopped recently?

    If he really has never paid you any rent and you let it go for almost 3 years this basically shows that you allowed him to live there rent free... you should have dealt with this within 30 days of the first missed rent payment.

    I think all you can do is check on eviction procedures in your area and force him out but I dont think you can get 3 years worth of rent all at once, you never showed that you considered this a problem before now.
    The reason why I let this situation go on for so long, was because I was in a coma for the past 2 years. I was in no mental state to address this issue. Knowing this do I have any ground to stand on here?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jan 13, 2009, 08:35 AM

    Did you ever put anything into writing that he agreed to pay rent? And again, who has been paying the mortgage? As you said you were in a coma, I have to assume that your brother was. If he was paying the full mortgage on a property that you co-own, why do you feel as if you were cheated?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jan 13, 2009, 12:49 PM
    Quote Originally Posted by ortiz53 View Post
    The reason why I let this situation go on for so long, was because I was in a coma for the past 2 years. I was in no mental state to address this issue. Knowing this do I have any ground to stand on here?



    File for eviction and ask for past-due rent. You present your evidence and testimony; he presents his and the Judge decides which one of you is telling the truth or is most believable.

    Who was paying property taxes, utitities, while you were in the coma?

    And, no, mental "defect or condition" is not a legal argument. Someone should have been acting on your behalf, oftentimes appointed, particularly if you were in a coma for 2 years. The person handling your affairs who let this go on may very well be legally responsible for your loss, also.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #8

    Jan 13, 2009, 02:36 PM

    Yes, I haven't had a chance to log back in lately but I agree with that, someone had to be handling your affairs while you were in a coma.

    That person however should have noticed that while they were paying the mortgage your brother was the one living there and looked into the matter further.

    If you brother lied about any rent agreement and/or you have something in writing you may have a case though.

    One final thought, you were in a coma for 2 years but this has been a problem for closer to 3 years, did you do anything about this before or after your accident?
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