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

    Default 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?

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default 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.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default Re: Tenant Pays Less Than Mortgage

    can anyone help with some supporting case law?

    We are going to court....

  4. #4
    panther10758 Guest

    Default Re: Tenant Pays Less Than Mortgage

    Going to court for what?

  5. #5
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tenant Pays Less Than Mortgage

    Quote Quoting panther10758
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    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

  6. #6
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default 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.

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