Legal Question in Landlord & Tenant Law in California

Renter's Rights

Hi,

My neighbors & their landlords are not getting along. They have moved all their stuff out & into their next rental, but the Landlords said they will sue if my neighbors can't pay them the current month's rent. They don't have a professsional Leasge Agreement, per Se', rather, they have a short written statement that says my neighbors will pay 15000.00 a month. but with the move, a surgery during thios move & the fact they needed their limited income for the new landlords, they don't haver the 13 days of rent for May. They will sign a Promissory note to pay off say, a 100.00 a month, but so far, the landlord is not going for it.

Questions; 1, can they be sued, 2, don't my neighbors have X amount of time to pay the landlords ? They are low, fixed (Disability) income, with medical issues & used all their money to move but can pay the Landlord ion a monthly basis, a little each month.

Thank you so very much !


Asked on 5/13/09, 2:52 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Renter's Rights

First, if they are low income and with medical issues, I have to assume that the reference to $15,000 rent is a mistake, and you meant $1,500. Irrespective of the amount of rent due, the landlord has the right to be paid through the end of the lease, and no, the tenants do not have a specific time frame in which to pay it. The rent was due on May 1, 2009, and was considered late five days thereafter. In theory, the landlord could have sued to evict them after giving them a three day notice when the rent became late. The neighbor should attempt to work something out in terms of a payment plan, otherwise the landlord will probably withhold the rent from the security deposit (unless he has to use that to pay to repair the property), and any shortfall he will probably sue them. Unfortunately, their personal situation really doesn't provide them with any protection from being sued by the landlord, nor from having to pay him.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/13/09, 3:11 pm
George Shers Law Offices of Georges H. Shers

Re: Renter's Rights

You should not post their telephone number,as that opens them up to unwnated phone calls, etc. Mr. Gibbs is entirely correct in his answer. They should point out to the landlord that basically they are judgment proof but do wnat to pay the rent but can not do so all at once.

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Answered on 5/14/09, 12:22 am


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