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CA Eviction Question: Tenant was 6 weeks late on rent (owed…

CA Eviction Question: Tenant was 6...
CA Eviction Question:
Tenant was 6 weeks late on rent (owed 2 month's rent)
Served a 3 day notice
Filed for eviction following the 3 days
Tenant did not respond to court during the 5 day response period
Tenant paid 1 month's rent during the 5 day period.
Tenant then paid 2nd month's rent, plus late fees, plus the next 2 upcoming month's rents in advance.
Tenant is now current on all back due rent and late fees and has paid for June and July in advance.Tenant was on a 1 year lease (Oct 2017 - Sep 2018)
Tenant has been late on rent every month
Tenant originally paid 1st month's rent plus deposit (equal to 1 months rent).
I would like to terminate the lease. Get a new month to month agreement (there are a few details to add to the terms), increase the rent and get an additional deposit in the amount of 1 month's rent in order to offset the risk of this tenant and possible future eviction process.My question is in regard to dismissing the eviction case. If I file for dismissal since he has come current, does the lease continue?. Or is the lease effectively void since he did not meet the terms?Am I exposing myself to any other risks by dismissing the eviction (i.e. making it more difficult to evict him iin the future).Can I simply require a new month to month agreement at a new price with terms and additional deposit?
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Answered in 21 hours by:
5/24/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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If I file for dismissal since he has come current, does the lease continue?. Or is the lease effectively void since he did not meet the terms?

Answer:

If you file for a dismissal and no eviction order is entered, then no the lease is not voided.

If you've accepted late payment, and dismissed the eviction request, then the lease would still be in effect until the end date of September 2018.

Am I exposing myself to any other risks by dismissing the eviction (i.e. making it more difficult to evict him iin the future).

Answer:

Not necessarily. If the tenant has come current on rent, and you would like to continue with the tenancy, you can still file an eviction request in the future, if the tenant again violates the terms of the lease.

Can I simply require a new month to month agreement at a new price with terms and additional deposit?

Answer:

If you both mutually agree, then you can terminate the former lease and draft a new month to month agreement. However this is not something that is generally done. You would want to be sure to carefully word the new contract clearly outlining that the former lease is voided in agreement by both parties.

The tenant is not obligated to agree to this though, because absent an eviction order, the current lease will stil bel valid until the end of the fixed lease term, September 2018.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
Since he did not respond to the court during the 5 day period, and he had not paid all amounts, we could have continued the eviction (or filed for a clerks judgement).
We have received cashiers checks but have not cashed them yet.
Can we still proceed with the eviction so certain he was 8 weeks late in payment?
If so, can we still require he vacate property or require a new agreement?

Yes, you can still proceed with the eviction.

Since the tenant did not bring the rent current when served with the notice to vacate, you'd be able to continue and obtain the eviction order.

Once you have the eviction order, if you would like to give your tenant an opportunity to remain under a month to month lease, then yes, you could draft a new month to month lease, and allow them to remain in the rental, under the new lease term.

I hope that helps! Let me know if you still have any questions about this. I'm here to help.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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