My question involves landlord-tenant law in the State of: california
My tenent pays less than full mortgage and it has been hard to make the payments so I have fallen behind. Is me not paying my mortgage relivent to her paying the rent?
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My question involves landlord-tenant law in the State of: california
My tenent pays less than full mortgage and it has been hard to make the payments so I have fallen behind. Is me not paying my mortgage relivent to her paying the rent?
As long as you are the owner of record on the property you can collect the rent. If you are behind on your payments, that is no reason for a tenant not to pay you. Afterall, you may hit the lottery and payoff your mortgage before the foreclosure sale date.
Your financial condition is not relivent to your tenant paying you rent. As long as you own the property you have the right to rent it out and collect the rent.
can anyone help with some supporting case law?
We are going to court....
Going to court for what?
she refuses to pay rent because she thinks the house is going to go into forecloser so I served her the 3 day pay or quit. Yes I am the owner of the property. Now I am preparing the complaint pleading and wanted to include some case law in my memorandum of points and authorities. Her case is based off of her insecurities of the property possibly going into foreclosure.
You cant lose. She owes rent and failed to pay. You have grounds for eviction
Im going to ask for the remainder of the contracts rent and time spent of preperation of document cause I have a lease that I am committed to as well and can't carry both. should I include any authorities or is it an open and shut case? Anyone have any case law I can use or statutes I can use? Navigating Westlaw is really hard. Im planning of taking some tutorials on that.
Case law!? Are you kidding? She failed to pay rent! It is that simple
Well i guess your right it is pretty procedural. Can i sue for both eviction and to pay out the remainder of the contract?