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  1. #1
    panther10758 Guest

    Default Re: Tenant Pays Less Than Mortgage

    Going to court for what?

  2. #2
    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

  3. #3
    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.

  4. #4
    panther10758 Guest

    Default Re: Tenant Pays Less Than Mortgage

    You cant lose. She owes rent and failed to pay. You have grounds for eviction

  5. #5
    Join Date
    Jan 2009
    Location
    California
    Posts
    12

    Default 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.

  6. #6
    panther10758 Guest

    Default Re: Tenant Pays Less Than Mortgage

    Case law!? Are you kidding? She failed to pay rent! It is that simple

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

    Default 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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