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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 1031
Experience:  Attorney
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A tenant owes us over 3 months of rent. We have given a 3

Customer Question

A tenant owes us over 3 months of rent. We have given a 3 day pay or quit. She then told us she wants to purchase the home. Many false promises. She then wrote us a vacate letter she will give us the past due money by January 3rd. And vacate by January 31st. We have not received anything. Can we take her to small claims court for past due rents before she vacates. She is behind 4 months of rent. She tells us she is going to pay but we have nothing so far
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: A 3 day pay or quit
JA: Anything else you want the lawyer to know before I connect you?
Customer: She is not allowing us access to our home to show the property to potential qualified buyers. We know an unlawful detainer can be a lot of work expensive and tricky. She wrote a vacate letter but we have not received any money. We want to know can we take her to small claims court and go in front of a judge while i she is in the home
Submitted: 6 months ago.
Category: Legal
Expert:  Bill Attorney replied 6 months ago.

This is attorney Bill offering legal assistance to your real property question in California.

You are entitled to proceed with the eviction process and serve her with eviction papers from the Superior Court.

Hearing dates are prioritized and it should take less than 3 weeks.

In relation to past due rent, you can sue in small claims court for amounts less than $10,000 and the filing fee is approximately $25.

You get a hearing date and case number ***** the same day of filing.

We are here to help

Please follow up when needed.

REMEMBER TO RATE POSITIVELY BEFORE EXITING

THIS IS HOW I GET A CREDIT

Bill

Customer: replied 6 months ago.
We sent her an eviction notice and she has not left. She wrote us a 30 day vacate notice. Can we just take her to small claims court so we can get paid and a judge tells her to leave our home instead of an unlawful detainer. This is what my question was. We are trying to save time. She made false promises that she was going to purchase the home, meanwhile not paying rent.
Expert:  Bill Attorney replied 6 months ago.

The small claims has no jurisdiction over evictions ; it needs to be filed in your civil court, the Superior Court, landlord tenant division.

This is the process to evict someone.

Failure to follow the process would result in the tenant being able to sue you .

If you file the eviction proceedings it will take just a couple of weeks, but it needs to be done, this is the legal way to do things; other things can work out but are not the proper process.

You can hire an attorney and sue her in the Superior court at the same time for past due rent and attorney's fees and costs.

REMEMBER TO CLICK THE SMILEY ICON BEFORE EXITING, THIS IS HOW I GET A CREDIT

Best

Bill

Expert:  Bill Attorney replied 6 months ago.

This is attorney Bill following up on your question.

I answer your question a while back but you never followed through so is there anything else in relation to your question that remains ?

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Thanks

Bill