Legal Question in Landlord & Tenant Law in California
Can I Get My Rent Back?
I have a tenant who got a cat against the no-pets policy. I wanted the tenant to remove the cat so I stopped accepting rent checks from him until he finally removed the cat. Can I now get back the rent for those months that I returned the rent checks to the tenant?
2 Answers from Attorneys
Re: Can I Get My Rent Back?
Yes, you can get the rent. If you did not serve a notice to perform, you may have a waiver issue. But I believe that is surmounted by the fact that the tenant lived in the unit.
You should hire a lawyer to obtain the rent if your tenant doesn't pay. Good luck.....Phil
Re: Can I Get My Rent Back?
In addition to what my colleague writes, if you still want the tenant to get rid of the cat, you must serve a three-day notice to abate or quit. Then the tenant must make a choice. Similarly, you might send a letter to the tenant demanding back rent by a certain date. If she does not pay by that date, serve her with a a three-day notice to pay or quit, summarizing the amounts still owed. Then, if she doesn't pay, locate an attorney to file an unlawful detainer lawsuit against her to evict her.
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