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I have a tenant who hasn't paid her rent for March. She kept…

Customer Question
I have a tenant...

I have a tenant who hasn't paid her rent for March. She kept saying she was sending it and now she just called screaming that her apartment wasn't livable and she is going to call HUD. She said the toilet has overflowed 10 times. this is first we heard of this from her. what can we do?

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

California

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

Not that i'm aware of until this call. She has a month to month lease. We are in the process of renovating the properties and there have been issues but we weren't notified of this by the tenant until today.

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

No thanks

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/20/2018
Real Estate Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,469
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, 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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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

If your tenant has defaulted on her rent, then your recourse is to provide a Notice to Quit and then to apply for an eviction order.

Failure to pay rent is considered a breach of her rental contract and grounds for eviction, if she does not bring her rent current after being service with a notice to quit.

In regards ***** ***** housing violations, you would need to explain that you were never given notice of the issue.

It is your tenant's legal duty to provide proof that she did give you notice in writing (text, email, etc.) of the problem, and that you did not remedy it.

If she cannot prove that, then any housing violation claims will not be substantiated since you were not given notice or an opportunity to fix the situation.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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