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MIAMILAW1127, Lawyer
Category: CA Real Estate
Satisfied Customers: 724
Experience:  Founding Partner at Moises Law, P.A.
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I have a rental property. The lease expired on June 30. The

Customer Question

I have a rental property. The lease expired on June 30. The property manager did not send a 60 day notice but has been asking the tenant for lease renewal for almost 2 months now. Initially, the tenants expressed interest in buying the house and / or extending the lease. Then they started complaining and threatening to sue regarding mold, Chinese dry wall etc and health issues caused due to them. There is no usage of Chinese dry wall in the area or any evidence of physical damage due to Chinese dry wall. We offered to get a mold test done but on july 5 the inspector returned without taking the samples. Here is what he had to say"When I got there all the windows were open on the second floor. The tenant had wiped down the entire master bath. I can't do any air testing in the room. It may take months for me to get a air reading in the house in particular the bathroom.I visually inspected the tub and one sink drain. Both have some fungal stains but it looks like at the metal drain collars the metal was scorching from possibly a harsh chemical, I noted at the second sink it was like brand new at the drain. The metal has corrosion. But I am sure a plumber can remove the stop valves and collars and replace them with new parts.
"The tenant has not paid rent for July and from july 6 there is block on any funds transfer. What should my next course of action be?
Submitted: 3 months ago.
Category: CA Real Estate
Expert:  MIAMILAW1127 replied 3 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You should send an eviction notice for nonpayment of rent. If the tenant still fails to pay rent, then you should file an eviction case against them and move forward with evicting them due to nonpayment of rent.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 3 months ago.
1. Is there anything I should do with regard to the complaints of mold and health issues he is making? Can he really sue me for this?
2. At this point I want the tenant to leave. The lease has expired. What is the best way to move forward
Expert:  MIAMILAW1127 replied 3 months ago.

1. He can try to make counterclaims for the condition of the property. However, if you have everything well documented, these shouldn't be an issue and it should be easy to prove that there are no actual problems with the unit itself.

2. You cannot simply make a tenant leave (even if their lease is over and they have failed to pay rent). You will need to first give the tenant a notice of eviction/vacate and then file an eviction against them if they do not leave.

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