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Tenant Pays Less Than Mortgage

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  • 01-12-2009, 11:30 PM
    charaman5000
    Tenant Pays Less Than Mortgage
    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?
  • 01-13-2009, 01:28 PM
    OhMy
    Re: Tenant Pays Less Than Mortgage
    Quote:

    Quoting charaman5000
    View Post
    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.
  • 01-14-2009, 03:31 PM
    charaman5000
    Re: Tenant Pays Less Than Mortgage
    can anyone help with some supporting case law?

    We are going to court....
  • 01-14-2009, 04:54 PM
    panther10758
    Re: Tenant Pays Less Than Mortgage
    Going to court for what?
  • 01-14-2009, 05:46 PM
    OhMy
    Re: Tenant Pays Less Than Mortgage
    Quote:

    Quoting panther10758
    View Post
    Going to court for what?

    I have this same question as Panther, Going to court for what?

    Either you own the home or you do not.

    If you own the home he has to pay you rent, if not, you are collecting rent on a property you do not own???? uh oh:eek:
  • 01-14-2009, 05:58 PM
    charaman5000
    Re: Tenant Pays Less Than Mortgage
    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.
  • 01-14-2009, 06:00 PM
    panther10758
    Re: Tenant Pays Less Than Mortgage
    You cant lose. She owes rent and failed to pay. You have grounds for eviction
  • 01-14-2009, 06:18 PM
    charaman5000
    Re: Tenant Pays Less Than Mortgage
    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.
  • 01-14-2009, 06:55 PM
    panther10758
    Re: Tenant Pays Less Than Mortgage
    Case law!? Are you kidding? She failed to pay rent! It is that simple
  • 01-15-2009, 10:54 AM
    charaman5000
    Re: Tenant Pays Less Than Mortgage
    Well i guess your right it is pretty procedural. Can i sue for both eviction and to pay out the remainder of the contract?
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