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CA Lawyers - need some advice!!

post #1 of 5
10/11/10 at 5:51pm
Thread Starter 

I have a legal question due to some problems my parents are having with a tenant.

 

The short of it is that the tenant doesn't have full rent. She has approximately 10% of it. She offered to have the money by Tuesday or move out within a week. However, this was only spoken to my parents and nothing was put in writing.

 

What's the best move? Should my parents make her put that in writing or should they just go ahead and give a 3 days notice?

 

Any advice would be much appreciated!!

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post #2 of 5
10/11/10 at 6:56pm

I'm no lawyer but it just makes sense to have everything in writing. If you parents have had this tenant for a while and never had this happen before I might give her the benefit of the doubt but in writing and then tell her to leave if nothing by the end of the week if you decide to do that.

 

Maybe Uncle Erik or someone who knows a bit about law would come and comment smily_headphones1.gif

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post #3 of 5
10/11/10 at 7:15pm

If they have had the tenant for a while and haven't had issues, I'd say give time to get the money in. The time and money lost to lawyers, having to hire another agent to put the unit up for rent, and the broker fee (that is if your parents are splitting it with tenant) just isn't worth it in most cases (atleast down here). As rawrster noted, have EVERYTHING in paper if they do decide to boot her, and make sure everything is noterized and delivered in hand or by certified mail that will give proof of delivery and recieval.

 

 

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post #4 of 5
10/11/10 at 9:29pm

http://www.dca.ca.gov/publications/landlordbook/index.shtml

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post #5 of 5
10/11/10 at 10:25pm
Thread Starter 

Thanks for the replies fellas! Much appreciated!

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