Legal Question in Credit and Debt Law in California

non-payment of rent due

this was a gentlemen's agreement with people present i rented a house to a person for a thousand dollars a month this was last nov 8th 2002 as of today i have received no rent which comes to 8,000.00 if i can add right. and everytime confronted with where is my rent money? i receive the answer i am receiving and inheritence from my fathers estate anytime now well why don't you get a job until you receive it so you can pay me the money you owe me? anyway my question is i do not want to lose the money that is owed me and would like to collect legally is there paper work that can be filed so this does not happen. I will evict as soon as i receive my money but until then or i file paper or use scare tactics as i see it my alternatives are slim this person at the time was and needed a place to live and i being a nice guy needed to rent the house which will never happen again i guess court is the answer but need advice as quickly as possible or when you can their is a lot more to the story but cannot put all on here thank you for your time. everything i receive from you is and will be appreciated.


Asked on 7/07/03, 12:52 pm

2 Answers from Attorneys
Joseph Richardson Borton Petrini LLP

Re: non-payment of rent due

Quit waiting to evict. Evict him now, as it takes some time anyway. You'll still be entited to your back rent. Get an eviction atty in your area and get going.

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Answered on 7/11/03, 9:45 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: non-payment of rent due

Did you have any kind of a written lease agreement? This is important inasmuch as it defines your rights as a lessor. Further, it may give you rights not yours otherwise. If so, I would need to see the agreement to further advise you. If not, then you still have substantial rights. You must give a three day notice to "pay up or quit." After the three days, you can and should file an unlawful detainer action which is given great priority by the courts. Once served the lessee have five days to answer, rather than the usual thirty days. The case has priority on the court's calendar and trial, if necessary, is set quickly.

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Answered on 7/07/03, 12:59 pm


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