Legal Question in Real Estate Law in California
My tenants are taking advantage when they knew my house get NOD
My tenant did not pay the rent as soon as they knew my house get 1st notice of default. I am negotiating with my lender to get a reasonabe modification.
I will start eviction next week, I wonder if my renters have the right to reply to the court to stay for free for a few months which I heard from property management company.
As soon as they knew the NOD, they claimed there were leak in the house and
mold...and said they had hired contractors (without permission from me or from property management company). These renters are really bad peoples and are
cooperating with bad contractors to make money. How do I deal with the claims
from contractors. We did not hire them, do they have the right to put a lien in my house after the renters are evicted?
As far as deficiency judgement against my renters, is it still valid after the house became a REO.
Thank you
2 Answers from Attorneys
I don't know why they hired contractors. Certainly they can't do work on your your house without your approval. You can give the tenants a three day notice as soon as possible for failure to pay rent, and a separate three day notice to cease and desist any construction, and then file an unlawful detainer. I'm not sure what you mean by a deficiency judgment against your renters.
Civil Code section 1942 authorizes tenants to perform repairs of "dilapidations" as defined in the Code themselves, and to deduct the cost up to the amount of a month's rent from the rent paid. The tenants must give the landlord a prior opportunity to take care of the dilapidations. See Civil Code sections 1941, 1941.1, 1941.2 and 1941.3 for landlord duties and tenant duties and things that constitute dilapidations. I see no reason why the tenants cannot hire contractors to fix dilapidations rather than do it themselves, but the cost must be in line with the one month's rent, not more than twice a year, limit is 1942(a).
You should also consider posting a "Notice of Nonresponsibility" at the site; see Civil Code section 3094, within 10 days of your having learned of the contractors - this may keep you from having mechanics' liens filed against you.
Sorry I can't quote all these Civil Code sections in more detail, they're too long, but relatively easy to find on line or in a library. Try www.leginfo.ca.gov/calaw
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