Legal Question in Real Estate Law in California

I am a landlord with a house in Huntington Beach. My tenant is behind on her rent. When I tried to collect she informed me that since she is on disability insurance, I am unable to evict her. Is this true?


Asked on 11/22/10, 1:26 pm

4 Answers from Attorneys

Not unless there is a local rent control ordinance on the subject, and if there was such a case, I'd fight it if I were you.

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Answered on 11/27/10, 1:32 pm
Anthony Roach Law Office of Anthony A. Roach

No. You would have to comply with state law regarding unlawful detainers, and any local rent control ordinances, however, if there are any.

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Answered on 11/27/10, 1:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No. The most a disability or similar hardship might get the tenant is relief from forfeiture, i.e., she might have a right to reinstate herself by paying up before eviction even if your notice to pay rent or quit declared that the lease will be forfeited if she fails to pay. However, you can proceed with the eviction process normallyas long as no pay-up occurs.

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Answered on 11/27/10, 6:29 pm
Terry A. Nelson Nelson & Lawless

No. Serve your proper notices and follow up with unlawful detainer filing if not paid.

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Answered on 11/29/10, 11:42 am


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