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Nonpayment, What Could Happen

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  • 12-25-2010, 04:56 PM
    tenantweary
    Nonpayment, What Could Happen
    My question involves an eviction in the state of: California

    Nightmare tenant (police called 4 times in her first 40 days for noise and domestic abuse), is withholding rent for repairs. Going to get an unlawful detainer for her, but all she has to do is pay and she stays right? If she can't pay she goes, right? And we lose time after her rent, correct? Her repairs are all being addressed, but she won't pay.

    Whats the worst/best that could happen?
  • 12-25-2010, 09:30 PM
    tenantweary
    Re: Nonpayment, What Could Happen
    Also, can I as manager file the unlawful detainer and show up instead of the owner? If yes, do I put my name as the plantiff on the unlawful detainer? Going to try to do with without an attorney, my last attorney ended up costing me big bucks. They were awful and double charged me, which i fought and won.

    Quote:

    Quoting tenantweary
    View Post
    My question involves an eviction in the state of: California

    Nightmare tenant (police called 4 times in her first 40 days for noise and domestic abuse), is withholding rent for repairs. Going to get an unlawful detainer for her, but all she has to do is pay and she stays right? If she can't pay she goes, right? And we lose time after her rent, correct? Her repairs are all being addressed, but she won't pay.

    Whats the worst/best that could happen?

  • 12-26-2010, 11:46 AM
    Mr. Knowitall
    Re: Nonpayment, What Could Happen
    What do you mean in describing yourself as the "manager"? That could mean anything from a person who lives on site and takes care of an occasional plugged toilet to a "soup to nuts" property management firm that takes care of all aspects of managing and renting the property.

    If her problems are valid she could conceivably countersue for a rent abatement.

    If you serve a "pay or quit" notice and the tenant pays, then rent is paid and the eviction does not proceed. If the tenant doesn't pay, you can try to get and collect a money judgment. Nobody here can promise that efforts to collect such a judgment will be easy or successful.
  • 12-26-2010, 09:13 PM
    tenantweary
    Re: Nonpayment, What Could Happen
    Hi,

    I manage the 4plex, contract for maintenance, rent units, collect rents on behalf of the owner. Her concerns are being addressed, but she refuses to pay until repairs are made. As far as I know a tenant doesn't have the right to withhold rent unless the repair in an emergency, ie plumbing, or no lights.

    Quote:

    Quoting Mr. Knowitall
    View Post
    What do you mean in describing yourself as the "manager"? That could mean anything from a person who lives on site and takes care of an occasional plugged toilet to a "soup to nuts" property management firm that takes care of all aspects of managing and renting the property.

    If her problems are valid she could conceivably countersue for a rent abatement.

    If you serve a "pay or quit" notice and the tenant pays, then rent is paid and the eviction does not proceed. If the tenant doesn't pay, you can try to get and collect a money judgment. Nobody here can promise that efforts to collect such a judgment will be easy or successful.

  • 12-26-2010, 11:43 PM
    aaron
    Re: Nonpayment, What Could Happen
    Rent withholding (along with similar remedies) is explained here.
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