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I am seeking some advice on CA Non Residential Rental issue.

Customer Question
I am seeking some...

I am seeking some advice on CA Non Residential Rental issue.

Lawyer's Assistant: Has any paperwork been filed?

3 day Notice to Perform, Cure or Quit

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

Cost of conversation with Lawyer?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/12/2018
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,580
Experience: 17 years real estate, Realtor. 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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If you can post your legal question and some of the back story about what is going on, I should be able to help.

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thanks

Barrister

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Customer reply replied 4 months ago
I leased a commercial condominium to a tenant 1/1/18 on 6 month lease. Gave deposit of partial rent to get keys, paid in full on 1/11 after 3 day pay or quit was served. February rent paid on 2/5. March rent promised on 3/6. I served 3 day cure or quit on 3/7 citing violations of lease clauses. Tenant does not have all insurance requested in lease, is violating multiple zoning ordinances and CC&Rs by living in back of unit with dogs. She has no DBA, LLC or corporation, no City Business license - all of which she promised to have.Long story why I leased to her, I am recently widowed and needed help to cover expenses sums it up.My question is - she sent me a text today to apologize for her abusive texts of the last few weeks, and wants to pay her rent. She has breached the contract and will not have all the above named issues corrected by close of business tomorrow, the 3rd business day. If I refuse to take her rent payment will she have any counter claim in unlawful detainer? I want to be sure I am done with this person after the suit and forcing her out. She will fight to the end. I just have to make sure I can win in court.
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

If I refuse to take her rent payment will she have any counter claim in unlawful detainer?

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No, if she doesn't pay the rent within the 3 day period...and it is 3 calendar days, not business days... then you are under no legal obligation to accept it after that, even if she tenders the full amount due. At the court hearing, the judge may refer the case to mediation to see if you can settle it, but if you want her out, (and I would as well at this point) then you just need to tell the judge you don't think mediation would do any good because the tenant has misrepresented herself from the beginning.

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So if you delivered the notice on Thursday, then it starts counting on Friday and expires on Sunday at midnight. You can always remember that it is the 5th day counting the date you deliver the 3 day before you can file the unlawful detainer case against a tenant.

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Just make sure you don't accept anything less than the full amount due or you will void the 3 day and have to start all over.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

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thanks

Barrister

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Customer reply replied 4 months ago
Thank you - I didn't name paying the rent in the 3 day, as I was sure curing all the other issues would be much more difficult for her than tricking someone into loaning her the money. Just wanted to be sure that refusing to accept the rent would not cause a judge to rule against me. I will file suit asap. I will get a judgment but will not see a penny. I am going to sell the unit and get out of the landlord business! I admire your ability to handle it. I have 2 businesses to run and I chair a non profit organization which is saving a historic building and turning it into a community center. Would much rather move on with these good things!Thank you again. If you like cool old buildings check out AtascaderoPrinteryFoundation.org
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Just wanted to be sure that refusing to accept the rent would not cause a judge to rule against me.

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If you didn't include not paying rent as one of your 3 day grounds, then whether they did or didn't pay it wouldn't matter because you aren't using that as a ground to terminate and evict.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister

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