Results 1 to 2 of 2
  1. #1
    Join Date
    Nov 2005
    Location
    Los Angeles
    Posts
    15

    Default Eviction After 30-Day Termination is Served

    I am a landlord living in my primary residence with two boarders/tenants. 35 days ago I served a 30-day notice to one of the boarders. He continues to live there without permission. Rent was due 35 days ago, he refused to pay rent and said to just take it out of the deposit, I refused to do that, because he hadn't moved out yet and our lease states that deposit money cannot be used for rent unless written permission is given by the landlord. He states he will move out later next week, but continues to live there without paying rent and even if I did use the deposit for his rent, there is no more money left to pay for the rent. I served him a 3-day pay or quit for $950 ($900 rent + $50 late payment charge). I can file the eviction lawsuit, but by the time he moves out it probably won't matter. I just need to get my rent money. What is the process for that? Is there a penalty for a tenant refusing to pay rent and saying "just take it out of the deposit"?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Recovering Rent

    You would sue to evict him and to recover a money judgment. Or, in the alternative, you can wait until he moves out and sue for any balance owed.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Served with Eviction Papers
    By irvineparrett in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-25-2011, 10:39 AM
  2. Eviction Notices: Recourse for Unpaid Rent if No Eviction Notice is Served
    By hasbeen in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-18-2011, 08:12 AM
  3. Eviction Process: How Are Eviction Notices Served
    By locpunks in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-09-2008, 09:17 PM
  4. Eviction Notices: Landlord Served an Eviction Notice, But I'm Already Out
    By pettag in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 10-29-2007, 09:53 AM
  5. Eviction Notices: Served with eviction notice, do I have a leg to stand on?
    By Nomad in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 06-08-2005, 02:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources