landlord tenent issue:

Reply

  #1  
Old 03-02-11, 07:20 PM
Trying2Help's Avatar
Member
Thread Starter
Join Date: May 2001
Location: USA
Posts: 715
Question landlord tenent issue:

Haven't ever had to deal with this before and just wondering what options are:

Daughter and son-in-law got a three day "pay or quit" notice on their door Tuesday. Due to circumstances beyond thier control they are 2 1/2 months behind on their rent, on a house they have a one year lease on. The lease runs out at the end of Apriil.
We can understand the landlord wanting to get their money for the back rent, and don't have a problem with that. The kids have made every attempt they could possibly do to make up the rent. Now they are told, by the reality company they have to be out of the house, or pay the rent in three days. However, even if they move out of the house, they are still liable for the remainder of the lease. This is the part that just doesn't make sense to me. If they stay, the landlord would have to go through eviction proceedings, on a lease that is going to expire in two months. If the kids were to move out, they would have to pay rent for a place they are no longer "allowed" to occupy? Neither makes much financial sense to me. They have already voiced their desire to move and commitment to paying the back rent, as they could. This would save the landlord the money invested in court proceeding in filing eviction paperwork. Good deal for the landlord, in the long run.
Isn't a 3 day pay or quit notice the landlords way of terminating the lease, releasing the tenent from the obligated term of the lease? If they were to move out, they would no longer be responsible for the term of the lease, because it was terminated by the landlord? I could understand them be held liable for the back rent and rent up to the day they move, but any time after that would be time they were not "allowed" access to the house.
By the way, this is in California, if that makes any difference. Any advice would be appreciated.
 
Sponsored Links
  #2  
Old 03-02-11, 09:34 PM
lawrosa's Avatar
Super Moderator
Join Date: Dec 2010
Location: USA
Posts: 17,607
I think the lease is broken but they may have to pay costs and damages. They dont need to pay all but have to make an attempt to pay something.

http://www.rentalsinsf.com/ThreeDayToPayRentNotice.pdf

Its your daugter pay her rent......... Get rid of that guy.....LOL....

Mike NJ
 
  #3  
Old 03-03-11, 03:31 AM
Member
Join Date: Feb 2011
Location: USA
Posts: 13
Depends on the law over there. Here in Florida, you are stuck with your lease, vacant or not. However, concerning eviction, it is (again, depends on place) but its mandatory 30 days legally when an eviction is given. What she is recieving is likely a pay up in 3-day, or the eviction process starts. She will have 30 days from that point to leave premises unoccupied.

Something that will work in her favor, is when she receives the eviction paper, it has to be a "legal document" filled through the courthouse, which takes time and money to get (at your landlords expense). Untill that happens, she can stay where she is at.

The downside of this for landlord, is they can squat till legally removed. Downside for her is, if he goes through those motions to get them evicted, it will screw up her credit and chances to get her next place... at least this is all 100% true here in FL. I would check with someone else that owns real estate (and not your landlord, he might be very biased and misleading) because the law is likely a little different for each place. But I feel the info given is correct.
 
  #4  
Old 03-03-11, 06:07 AM
Group Moderator
Join Date: Oct 2004
Location: WI/MN
Posts: 18,715
Here that same notice gives five days. If the tenants are still there, the next one is a 14 day notice and after that you file for an eviction. The tenant is on the hook for the whole lease term, regardless. That said, if the tenant leaves before the end of that term, the landlord is obligated to find a new tenant and the old tenant's responsibility for the remaining rent is only up to the point where the new lease starts. This is WI law, CA is likely different.
 
  #5  
Old 03-03-11, 08:14 AM
Trying2Help's Avatar
Member
Thread Starter
Join Date: May 2001
Location: USA
Posts: 715
@ lawrosa: Thanks for your input. That form was comparable to what they received, the back of yours helped explain it a bit better. I would love to be able to pay their rent, but that just isn't an option right now. The "guy" in question is really pretty good about providing, if there were work in this area to enable him to do so. Need to look higher up for the problem, starting at the White House.

@ Nick and Mitch: After doing a lot of reading and research, I beleive you are both right. This is a "threat" to get them to pay up the back rent, which if they could they would. Now I believe, I understand, they don't HAVE to move out by the end of the third day. Even if they did, they would still be liable for the lease unless someone else moved in, which isn't going to happen in this case. The house is okay, but not located in an area that people are flocking to to rent, kind of a remote location. So unless, the kids got someone to rent, I don't see the landlord putting forth much effort to rent it, if he can still hold them accountable up to the end of April.

So here is my thoughts: 1. Looks like they stay where they are, and honor the lease. One way or another, they work on paying the landlord his money for the term of the lease. However, they voluntarily move out of the house at the end of the lease. This is the best case. No eviction, the landlord gets his money, even if it is several months down the road (neither of us is happy about that, but you can not get blood out of a turnip).
2. They stay, landlord starts eviction process. This can drag on longer than the lease has left, so they still move out at the end of lease. Not sure if they have to pay rent while in the eviction process or not, some sites it said they didn't. So landlord would lose out on that money and kids would risk getting put on blacklist. (no one wins).

Like I said, they are not trying to dodge their obligations, just trying not to suffer anymore ill effects from circumstances that have placed them in this situation, which they didn't have any control over in the first place. Everyone, at this point, is losing something but there has be be a way to minimize the damage to all, landlord and tenant.

Thanks again for your response's and advice. Going to talk to the realitor today and see if what we can work out.
 
  #6  
Old 03-03-11, 09:00 AM
Trying2Help's Avatar
Member
Thread Starter
Join Date: May 2001
Location: USA
Posts: 715
Just wondering: How does the courts look at a valid "loss of income" as a defense for not being able to pay lease?
 
  #7  
Old 03-03-11, 09:07 AM
Shadeladie's Avatar
Super Moderator
Join Date: Jan 2005
Location: USA
Posts: 3,915
Just wondering: How does the courts look at a valid "loss of income" as a defense for not being able to pay lease?
They'll look at it as, it's not the landlord's problem. There will be no sympathy for them.
 
  #8  
Old 03-03-11, 02:13 PM
Group Moderator
Join Date: Oct 2004
Location: WI/MN
Posts: 18,715
We had a lady die in one of our units last year, her daughters were very surprised when they found out the rent was still due from her estate every month until we got the unit rerented or the lease term expired - they lucked out and we got it rented again the next month

Leases are binding on both parties, there is hardly anything which will get a tenant out of paying the rent
 
  #9  
Old 03-03-11, 02:41 PM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 21,019
Seriously Mitch? When the person that signed the lease/contract dies..it's still in effect?
 
  #10  
Old 03-03-11, 07:22 PM
Trying2Help's Avatar
Member
Thread Starter
Join Date: May 2001
Location: USA
Posts: 715
Went and talked to the realitor today, seems we may have worked out a deal. Will have to see if the owner is willing to abide by it. Really, no one wants to go into the eviction process, it is just a waste of money. Right now, both parties are willing to work with one another, so that is the best way to go. Neither party is trying to get out of anything or get more than what is owed.

Mitch!?!?!? I can understand the lady had an estate and that is where the money would have been coming from. However, if she was dead, it is would have been hard to hold her to the lease. Not saying anything bad, but legally it may have been right; morally, not so much. I guess, I wouldn't be a very good landlord or business manager. Glad to hear you were able to rerent it right away, that would have been the approach I would have made. Release her from the lease and put it back on the market. If the place is good, it will rent fast.
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes