Legal Question in Real Estate Law in California
Rent not paid, tenants still there and close to foreclosure
Long story short: I purchased a rental property before leaving to school. My life partner was to take care of collecting rent and all matters while I was gone. I come back for the summer to find out the rent on the property has not been paid by the new tenants in over 3 months, they are still living there and the contract was done verbally. I am unable to pay for the property and he is not taking responsibility. The house has been on the market and has not sold. Fearing a foreclosure (since we are not going into 4 months), I have opened negotiations with the lender for a deed in lieu. My questions are:
1. How do I execute a 3 day to pay rent or quit?
2. Can I sue them for some kind of monetary compensation since my credit will now be ruined even though the house will no longer be mine?
3. What other options do I have?
1 Answer from Attorneys
Re: Rent not paid, tenants still there and close to foreclosure
You simply prepare a 3-day notice--you can get forms at any good stationery store or make one yourself telling them they have 3 days to pay all the past-due rent owed or get out (quit), and give them a total amount due and then hand it to them (keep a copy) and after 3 business days, if they have not left then you have to file an unlawful detainer at the courthouse for the area in which the rental is located. No, you cannot sue them for ruined credit, etc., as that was not something within their control--that is your "life partner's" fault, as well as yours; it was foolish to buy a rental without having a means to pay the loan in the event of non-payment by tenants (this is a common occurrence). If you have past due notices from your lender, your credit will reflect that for seven years.
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