Landlord Question and Answer Forum

Forum / General Property Management / tenant withholding rent
My tenant is past due for July and August, both were due on the first of the month respectively. On 8/2 he called complaining of possible mold. I had an inspector come out on 8/3 and found no visible signs of mold and will receive sample results by 8/6. Can the tenant withhold rent due to possible mold?
Carolyn T, CA on Wednesday, August 4, 2010
RE: tenant withholding rent
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?
Posted by Donald G, MA on Wednesday, August 4, 2010
RE: tenant withholding rent
State is California. No, did not know about it.
Posted by Carolyn T, CA on Wednesday, August 4, 2010
RE: tenant withholding rent
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.
Posted by Donald G, MA on Wednesday, August 4, 2010
RE: tenant withholding rent
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.
Posted by Carolyn T, CA on Wednesday, August 4, 2010
RE: tenant withholding rent
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?
Posted by Donald G, MA on Wednesday, August 4, 2010
RE: tenant withholding rent
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?
Posted by Carolyn T, CA on Wednesday, August 4, 2010
RE: tenant withholding rent
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.
Posted by Donald G, MA on Wednesday, August 4, 2010
RE: tenant withholding rent
Thank you. Will do.
Posted by Carolyn T, CA on Wednesday, August 4, 2010
RE: tenant withholding rent
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.
Posted by Carol R, MI on Thursday, August 5, 2010
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