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Tenat's lease was up in September 2017. Since then, it

Customer Question
HI. Tenat's lease...

HI. Tenat's lease was up in September 2017. Since then, it became a month-to-month rent with either party, tenant/landlord to give each other a 30 day notice to vacate the premises.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tenant has been late paying rent, now she is not paying rent because she is not working. There's a total of $13,000.00 in back rent, plus $5,700.00 in late fees. The late fees clause is in the original lease that ended in September 2017.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

1. Original rental lease was from October 1, 2016 to September 30, 2017. At the end of lease, it becomes a month-to-month rent. It also provides both landlord and tenant to give each other a 30 day notice to vacate the premises.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

2. The yard around the house is not well kept up. there are dog feces t hat have not been picked up in weeks.

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
3/27/2018
Lawyer: barristerinky, Attorney replied 3 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,510
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you tell me what state this is in?

.

What is your legal question I can help with tonight?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Mountain View, California, 94041How do I get my house back. What options do I have without going to court and sped $Can I hire a collection agency to get the rent money, late fees?Can I move back into my house? How many days do I give the tenant to move out. Eviction notice?Please help me. I'm retired teacher and I need the rental income. Ihave been using my own savings to pay mortgage, property insurance, and property taxesThank you
Lawyer: barristerinky, Attorney replied 3 months ago

How do I get my house back.

.

You have to evict the tenant through the courts after giving them a written 3 day notice to pay or vacate and then filing a formal eviction case in court.

.

What options do I have without going to court and sped $

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None if the person won't leave voluntarily.

.

Can I hire a collection agency to get the rent money, late fees?
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Yes, but without a court judgment against them, the collection agency can just bug them to pay, but can't do anything else.

'

Can I move back into my house? How many days do I give the tenant to move out. Eviction notice?
.

No, they are the one in legal possession of the property until you formally evict them through the courts by getting a judgment of eviction and then having the sheriff throw them out.. You start with a 3 day notice to pay all the rent or vacate. Don't include any late fees in the 3 day notice.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Not happy with receptionist. I was not given the opportunity provide more information on my problem with my tenant. I was switch to an attorney who wanted to speak with me on the phone instead of on line.In my last question about the landlord moving into his own rented house by giving the bad tenants a certain period of time to move out, the attornye's answer was not correct. In California a landlord can move back into his own rented home by giving tenants (who are in a month to month rent) 30 or 60 days to vacate. I did some research before I contacted your wed site. NOT HAPPY. :(Not happy.
Customer reply replied 3 months ago
cc
Customer reply replied 3 months ago
bb
Lawyer: barristerinky, Attorney replied 3 months ago

Hello again... I have been doing this a very long time... 26 years as a landlord to be exact and over 17 as an attorney.. so I kind of know what I am talking about here..

.

And if you think that you can just give the tenant a notice to vacate and then go in and change the locks, you very mistaken..

.

But sure, you can give them a 30 or 60 day notice... but when they don't leave, you still have to file a formal eviction action through the court..

.'

So it is much faster to give them a 3 day notice for not paying rent and then file to evict..

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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