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I live in California and recently inherited my fathers three

 
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Customer Question

I live in California and recently inherited my father's three rentals. One tenant owes my father over $12,000 in back rent that was never collected over the years. I think that under California law only the last years worth of rent that is due can be collected. Can I give the tenant a certain amount of time to pay this debt or else be evicted?
Thank you, XXXXX XXXXX

 

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State/Country relating to question: California

Already Tried:
Nothing, I just inherited this property.

Submitted: 327 days and 3 hours ago.
Category: Real Estate Law
Value: $39
Status: CLOSED
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Expert:  Attorney2 replied327 days and 3 hours ago.

The on line chat is not working on my end. This may be a stupid question but is there a written lease for the tenant that owes $12000

Customer replied327 days and 3 hours ago.

There is a month to month lease for this tenant that my father had him sign when he moved in ten or so years ago.

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Expert:  Attorney2 replied327 days and 2 hours ago.

Does the lease provide for the amount of days for notice prior to eviction? Not that this tenant should be entitled to anything after incurring all of this debt.

Customer replied327 days and 2 hours ago.

I do not see anything on the rental agreement regarding amount of notice prior to eviction.

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Expert:  Attorney2 replied327 days and 2 hours ago.

30 days if they lived there less than one yearAttorney241088.2590634259

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Expert:  Attorney2 replied327 days and 2 hours ago.

60 days for more than one year. However, when the tenant has violated a provision of the lease such as by failing to pay rent or by disturbing other tenants, the landlord must give the tenant at least three days to correct the problem.Attorney241088.260324456

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Expert:  Attorney2 replied327 days and 2 hours ago.

This tenant has not paid for awhile now so three days notice and if he doesn't come up with the rent he needs to go.

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 93.0 %
Accepts: 954
Answered: 6/28/2012

Experience: 25 Years in General Practice, Real Estate Law and Estate Law

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Expert:  Attorney2 replied327 days and 2 hours ago.

This link might be helpful.

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

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Expert:  Attorney2 replied327 days and 2 hours ago.

I am still available if you need additional information.

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Expert:  Attorney2 replied327 days and 2 hours ago.

http://statecasefiles.justia.com/documents/washington/files/63875-1.unp.doc.pdf?ts=1323968209

I asked them to refund you on the question where you asked for this link. Sorry

 
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