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Steinlaw
Steinlaw, Lawyer
Category: Real Estate Law
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Experience:  Named top foreclosure attorney in California by Business Week
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Is a caretaker considered a tenant If so, can I file a civil

Customer Question

Is a caretaker considered a tenant? If so, can I file a civil suit against a tenant inclusive of failure to pay rent plus anticipated rent for vacating premise without notice to time of occupancy; and replacement cost of items needed to make the home habitable? She stripped the home and left only the toilet. She had an accomplice. Do I file separate or together? And how do I determine the percentage each pays? The tenant stayed on the property from Feb 2007 thru April 2008 rent free in lieu they making home improvements.   She solicited help and the home was renovated free of charge. The home was inspected in April 2008 after the renovation. New verbal agreements were made: The tenant to pay half of the mortgage of $250 beginning May 2008; remain on the property until July 2009 and maintain the home. The May payment was made; the next 3 months were not The loan went into default. I informed her that I would be visiting the home in 1 month. When I got there, she was not.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Steinlaw replied 5 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

First, how long was the verbal lease? A lease in Hawaii for 1 year or more must be in writing. A verbal lease for more than 1 year is not valid.

Second, you would only have a case against the tenant for breach of contract.

Third, you can sue the "accomplice" for vandalism but you need to prove this person did it. This will be the hardest part of the case.

Good luck.



Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.
Customer: replied 5 years ago.

A letter granting permission for the tenant to stay on the property for 18 months beginning February 2007. The lease should have expired in August 2008 however, in April 2008, a verbal agreement to extend the tenant's stay to Jul 2009 was made to be consistent with the arrangement made with DHHL to comply with the DHHL owner occupancy requirements. However, she vacated the premise in November, a few days before my arrival. With this additional, is this a valid lease to pursue the tenant breach of contract?

 

Secondly, the accomplice admitted his involvement to me and my sister in front of his wife. If I sue him for vandalism, do I sue for the full value of the replacement cost or only half since he did it at the direction of the tenant?

Expert:  Steinlaw replied 5 years ago.
What you are describing would be a valid lease.

You sue the accomplice for the full value.
Customer: replied 5 years ago.
To clarify, I can sue the tenant and the accomplice each for the full value of the replacement cost?
Expert:  Steinlaw replied 5 years ago.
Yes, you sue each of them for the full replacement cost. Each one is joint and severally liable.
Steinlaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 1811
Experience: Named top foreclosure attorney in California by Business Week
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Customer: replied 5 years ago.
I apologize for the late acceptance. My computer crashed and it took me a few days to get it going again.

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