Legal Question in Landlord & Tenant Law in California

My unassuming brother owns a rental property as sole property which he acquired prior to marriage to his devious wife. She took it upon herself to select the last 3 tenants not surprisingly none of whom have made a single rental payment in the past 18 months. As a result, his house fell into foreclosure proceedings for which he was fortunate to overcome by bringing the mortgage note current. His current tenant has not paid rent for the past 6 months and he refuses to do so because his Realtor friend noticed the property was in foreclosure. Obviously that is irrelevant to his obligation to pay rent since they have entered into a fully executed Lease agreement. For the past 3 months, my brother's wife claimed that she filed paperwork with the local county court to have the tenant's evicted by the Sheriff. This hasn't happened and she claims the judge must not have signed it. She claims she is too busy now to look into the matter. Her Father told my brother that he would now need to hire an attorney at $1,500 in order to evict the tenants. I do not believe that an Unlawful Detainer Suit would need an attorney since he could do so himself. Isn't this correct? Sadly, he is very gullible and has been used as a door mat by his wife and inlaws. Any help would be greatly appreciated.

Asked on 8/21/14, 11:21 pm

Anthony Roach Law Office of Anthony A. Roach

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0 attorneys agreed

It sounds like he does need an attorney because he is so gullible and naive.

Answered on 8/22/14, 6:31 am

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