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TENANT WORKING THE SYSTEM - Landlord Forum thread 355908








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TENANT WORKING THE SYSTEM by Anonymous on January 29, 2018 @20:19

                              
MY FATHER JUST RECENTLY TOOK OVER MY GRANDFATHERS PROPERTIES AND NOW WE HAVE A TENANT THAT IS CAUSING TROUBLE. THE TENANT WASN'T PAY RENT ON TIME AND SOME TIMES NOT PAYING ALL OF IT SO MY FATHER GAVE HIM AN EVICTION NOTICE. THAT WAS 6 MONTHS AGO. IT HAS BEEN DRAGGED OUT IN COURT NOW THE TENANT ALL OF A SUDDEN IS CLAIMING HIS SON IS SICK DUE TO LEAD PAINT THAT IS IN THE HOUSE. THEY HAVE LIVED IN THE HOUSE FOR ABOUT 13 YEARS. ANY HELP WOULD BE GREAT. THE PROPERTY IS IN SAN JOSE, CA
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Re: TENANT WORKING THE SYSTEM by Anonymous on January 30, 2018 @00:07 [ Reply ]
Get a lawyer
Re: TENANT WORKING THE SYSTEM by Josh (AL) on January 31, 2018 @20:36 [ Reply ]
I don't have much advice other than to speak to a lawyer asap. Did you provide the tenant with a lead based paint disclosure? (Provided there was a need for one regarding the house's age) Good luck, sounds like a nightmare tenant.
Re: TENANT WORKING THE SYSTEM by mdk0420 on February 1, 2018 @04:39 [ Reply ]
I'm not very familiar with CA laws, however the lead base paint disclosure is a federal law. It also shouldn't have anything to do with an eviction process, rather its just a law suit in itself.

What I would do is first, read over the lease and see if it has a spot for the lead base paint disclosure. It should say that the tenant agreed that they received a copy of it. This is very important for a home that is older then 1978 whether it has lead or not.

As far as the eviction, it is only taking that long because the eviction is being done wrong. You have to get a lawyer right away. In the time that was wasted for not getting a lawyer or following the rules of eviction, costs are going through the roof. Do it right the first time is a great practice especially as a landlord.

CA might be a tough one to evict in, but generally no eviction should take longer then 2 months. In most states it can be done a lot sooner (usually less then 1 month if done correctly).

Somewhere in the eviction process the tenant is winning. During the court battle it should be obvious why. Could be not enough notice or many other factors. If you try to do it yourself, make sure to also pay attention to the local laws as they can effect how the eviction needs to go as well!

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