Can I legally get evicted by someone who is not the owner of a house just because he conned me into signing a contract?

I am being sued by someone who I thought was the rightful owner of a house. He conned me into a fraudulent contract. Later I found out through the property management company (which i still had a contract with at the time)that he is not the owner, and they gave me the phone number to the real owners. The real owners told me that that guy is just the nephew and he is a con artist, they also said that the house is going into foreclosure and that i should save my money and move out. Now, the guy I signed the contract with is suing me because I’m not paying him rent. What should I do?

Asked on August 18, 2012 under Real Estate Law, California


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Get an affidavit from the real owners stating that the nephew is just that and does not own the home.  Bring it to the hearing on what I assume is a forcible detainer action.  Explain to the judge that you are moving out and that he is not the home owner.  Show the judge the affidavit from the real home owner (if you can't get them, get it from someone at the property management company).

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