Tenant Withholding rent : ezLandlordForms

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Jaime A

started a topic almost 17 years ago

My property had a 2ft flood in the basement(April) and we had to have some work done to remove the mold/replace drywall and recarpet and revinyl the rooms. But before that, we were waiting on the insurance claims adjuster to see if insurance would cover anything before starting work. My tenant (although we gave her 2 month free rent April/May) decided that because we entered June and the work wasn't completed, to withhold her rent until all the work was complete. We verbally agreed. Unfortunately it took a month to complete. We just finished the work last week and she is now stating that she was prorating the rent through last week instead of withholding until completion. I know that she does not call the shots, but what are my options at this point?

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James P

said almost 17 years ago

Hello--You said you verbally agreed to the witholding. Nothing in writing at all? I am afraid upon initially reading this that she may have the right to do this, but I will investigate further and try to get a better answer or see if any landlords I know have ever experienced this.

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Kathleen M

said over 16 years ago

I don;t see much chance of changing the situation and getting this to go your way, Jaime. In the absence of a written agreement, there just is not much chance.

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Donald G

said over 13 years ago

You have to check with your tenant law on rent witholding in your state. but to withold the rent did you know about the problem before the rent witholding?

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Carolyn T

said over 13 years ago

State is California. No, did not know about it.

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Donald G

said over 13 years ago

Did he notify you about the problem in writing. why did he miss Julys rent?, I think you need to talk to a attorney, sounds like he is trying to pull something over on you for sure.

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Carolyn T

said over 13 years ago

Thank you. I think so too as he has been habitually late with payments. This mold thing is new and I'm sure a way to try to get out of paying rent.

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Donald G

said over 13 years ago

H is planwll not work because he should of told you about the problem before he witheld the rent. He didnt pay you for July and now he is telling you about the problem in AUGUST?

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Carolyn T

said over 13 years ago

Correct. I decided to give him a 30 day notice (or could do 3 day pay or quit) as he is bad news but my fear is he will never pay in any case. What do you think is the best way to handle in hopes of getting paid and him out?

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Donald G

said over 13 years ago

Iam not a lawyer but eviction for non=payment holds the most power, even if a judgement is found in your favor that doesn't mean you will see your money, you might have to garnish wages etc. ,I would get a free consultation from a lawyer might be your best bet and let us know what is gong on.

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Carolyn T

said over 13 years ago

Thank you. Will do.

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Carol R

said over 13 years ago

I always start eviction proceedings on the third day the rent is late. That way you only lose a maximum of two months rent by the time you go through court proceedings etc. My tenants are informed of this rule when they sign the lease agreement. I've never been able to collect past rent even with court orders and orders to arrest.