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mrsguntown · May 4, 2011, 04:05 PM

I started renting this house two years ago from some lady. Just a few days ago I was approached by the person who really owns the house. Can I sue the person I rented from for the past two years for my money back

JudyKayTee · May 4, 2011, 04:12 PM

What is the connection between the owner and the person you rented from/pay rent?

Does the owner want you to also pay rent to HER for the two years?

You lived there. You can't get rent back because you paid the wrong person UNLESS the right person also wants rent for the same time.

Why doesn't the owner sue the person who rented to you?

mrsguntown · May 4, 2011, 04:32 PM

There is no connection with the owner and the person who rented to me. The owner is telling me that we have no right to be there and that we need to find somewhere to go. But we were on a rent to own contract. I have paid her over $24,000

mrsguntown · May 4, 2011, 04:33 PM

I was told she has no legal standing over the house I just want to know where does this leave me and my family. Can I sue her for the money I paid her

JudyKayTee · May 4, 2011, 04:36 PM

Yes, you can sue her but it is over the Small Claims Court limit. Go to an Attorney, Contract and rent receipts in hand.

AK lawyer · May 4, 2011, 05:16 PM

Originally Posted by mrsguntown

there is no connection with the owner and the person who rented to me. the owner is telling me that we have no right to be there and that we need to find somewhere to go. But we were on a rent to own contract. i have paid her over $24,000

Are you saying the person you dealt with was a mere trespasser? I suspect that this person may have had some interest in the place, at one time anyway. You need to investigate and find out what that interest is.

I would also get the "some lady" to explain to you her claim to the property. It would be strange indeed if, when asked, she says "Oh, I had no claim to the property. I just figured I would fool you into paying me rent."

And finally, where was the "true owner" for those two years? Why did it take him that long to inform you that you are trespassers?

ScottGem · May 4, 2011, 05:33 PM

If, in fact, the person you signed a contract with had no legal right to enter into a contract for this property, then this is criminal fraud. I would go to the police immediately. Then sue. But if this person did commit fraud, the likelihood is you are out the money unless she has assets you can attach.

I hate to mention this but you should never sign a contract without legal advice. Had you engaged an attorney he would have made sure the woman had title to the property.

Fr_Chuck · May 4, 2011, 05:41 PM

Yes it is very possible that the person you made the contract with, was or had ownership at that point 2 year ago, so you need to search the title and deed at the court house,
When you did a contract for deed, did you file it at the court house ?

But yes, if you did a rent to own contract, with a person who had no ownership interest at all, then that is criminal also and you need to call the police,

Not trusting people how do you know this new person really owns it, what does the person you have dealt with say about it.

Have you looked at the court house for the real owner.

I say this, since this could all be a scam, the person you brought it from and this new person may be together, to get you to pay and then trick you to move out also. Just to get your money

JudyKayTee · May 5, 2011, 05:54 AM

I actually worked a case where a couple rented a home from a woman who lived out of State. They then entered into a "rent to own" contract with ANOTHER couple, collecting the "rent to own" payment, forwarding the rent to the owner/landlord. It seemed impossible that the owner/landlord didn't know the first couple had "sold" the property to the second couple - but it was true. It seemed inconceivable until the story began to unravel. I went into it thinking that #1 HAD to have the permisison/consent of the owner/landlord. Couple #1 did not and the owner/landlord thought couple #1 was living in the house.

Couple #2, when they got mail addressed to couple #1, forwarded it to couple #1 - including correspondence from the landlord.

It was a legal mess for everyone except the landlord - she got the rent on time. Meanwhile, couple #2 was "out" their rent/buy money and no one could find couple #1.

And, yes, why do people enter into these arrangements without an Attorney!