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  1. #1
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Tenant Refuses to Pay Rent

    My question involves an eviction in the state of: California
    My Tenant is in fear of home forclosing and I reasured her that I am currently negotiating to qualify for the Hope for Home owners government program and that the home is infact not in forclosure. There are 5 months left on her lease. If she dosn't pay the rent this month what is the swiftest way for me to begin eviction and may I keep the deposit to cover the rent not paid? Does the 3 day pay or quit notice need to be served by someone other than the landlord in california and if so by whom?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenant Refuses to Pay Rent

    You may serve the notice yourself.

    Eviction procedures for California are here.

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tenant Refuses to Pay Rent

    I agree with Missy, well she is right ALL THE TIME

    The only thing I would like to add is that you can have your tenant check the property on this website for themselves to see that the property is not in a foreclosure.

    Maybe you can heal the wounds before you evict someone who is able to pay.

    Here is a link to the website;

    http://www.rentalforeclosure.com/

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Re: Tenant Refuses to Pay Rent

    that sight indicates that the home is in default/forclosure notice but I modified the loan a few months ago and it currently is not in forclosure according to the bank? How often is this sight updated?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenant Refuses to Pay Rent

    That site is updated when the public records are updated.

    When was the loan modified? It can take weeks for the public record to be updated - and sometimes longer. I still get solicitations to refinance a mortgage I no longer hold, and it has been nearly five years since I held it!

    Show your tenant the modification papers if you like, but you're really not obligated to. She is obligated - whether the house is in foreclosure or not - to pay her rent or get out.

  6. #6
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tenant Refuses to Pay Rent

    Quote Quoting charaman5000
    View Post
    that sight indicates that the home is in default/forclosure notice but I modified the loan a few months ago and it currently is not in forclosure according to the bank? How often is this sight updated?
    It may not update and will expire in 18 months. This can be just what your tenant has looked at and made them nervous.

    Once a NOD is filed it is there. If it never moves on to a trustee sale it can just sit and sit and sit for up to 18 months. There are several sites that offer the same information for free to anyone who knows the address. This is probably why your tenant is upset.

    Although you may have cleared the problem with your lender your tenant does not know that. Just put yourself in their situation.

    You may have to evict your tenant and find another. But be warned this problem can repeat itself over and over again.

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Re: Tenant Refuses to Pay Rent

    The modification took place in june. your right though I get refi offers for a house I had in 2005. I will know if she is going to pay on monday. If she doesnt what do I do after the 3 day notice or quit letter and I still don't get a response?

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenant Refuses to Pay Rent

    If she doesn't pay and doesn't respond to the 3 day notice, hie thee to the courthouse to initiate eviction proceedings, as outlined in the link I posted previously.

  9. #9
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Re: Tenant Refuses to Pay Rent

    OK thanks Ill keep you all updated in a few days thanks for the help.

  10. #10
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Re: Tenant Refuses to Pay Rent

    how do I determine jurisdiction? I live in Orange County CA and the property is in Los Angeles CA?

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