|Landlord Newsletter - Defenses Tenants Use in Eviction Court|
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Dear Fellow Landlord,
Can you guess how many landlords go to eviction court unprepared for the tenant's defense? A lot! (Keep in mind many tenants take advantage of free legal services offered in the courts!)
In this newsletter:
Please e-mail us if you have any questions or would like to add or share any material / information. Have a great month and an even more successful year ahead.
TENANT'S DEFENSES TO AN EVICTION (UNLAWFUL DETAINER)
by Kenneth E. Wimer, Attorney at Law
The primary defenses are:
Briefly, Habitability is a defense, in California, to a complaint that asks for money. If you feel that your case has a problem with the issue of habitability, then you will avoid serving a 3 Day Pay Rent Or Quit, but instead, if possible a 30, or a 60 day notice to terminate tenancy. Keeping in mind that 30 and 60 day notices are only available to month to month tenancies, not an unexpired lease. There are of course other notices that you can use, such as 3 day notice to terminate tenancy (nuisance), and a 3 day termination for breach of a non-curable covenant, these will be covered in a future article. The main problem with these last two notices is proof...
Save yourself a little work with the ...
John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)
Dear Mr. Reno:
I signed a lease with a tenant, he moves in , and after the first month he stops paying me.
He now vacates the apartment and without filing out a notice to vacate. I have sent two five day notices to pay and vacate with no response. He has moved all of his belongings out and left the one set of the keys. I want to know if I can show and rent the apartment while he still has a lease.
A: He has abandoned the premises. Also, when he gives you keys, that makes it official. You are cleared for take off.
If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Submit a landlord / tenant question for Mr. Reno
Please try to keep your questions as short and to the point as possible.
Have you ever been beaten by a tenant on the rent?
Most of us have and unfortunately, it is one of the costs of doing business as a landlord.
On the bright side, remedies are available. If you have documented your tenancy with the proper paperwork including a rental application, lease agreement, late notices, etc., you may have a chance of collecting.
Credit bureau reporting is an option in which many modern landlords are beginning to participate....
"You'll have time to rest when you're dead." - Robert De Niro
"It shall be done." - Bill Peck (Character in "The Go-Getter")
"Losers are people who are afraid of losing." - Robert Kiyosaki
"How much did your last tenant problem cost you?"
- John Nuzzolese
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