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* | Tenants Refusing To Pay Rent =/? |
My friend’s mom is renting to this couple who have a kid. They wrote a letter stating that they're withholding the rent money b/c supposedly there's "black mold" in the bathroom and that she's worried that her kid might get sick due to it. Also, because there are some branches outside that need to get cut and b/c they had to pick up some trash left in the backyard. They called the house dirty and unlivable and that they're willing to go to court. Even though my friend says that they exaggerating she wants to go today and try to settle this matter and she's willing to clean up the place and do whatever they say in the letter that needs to get done. However, after that she wants them to pay the month and is going to give them a 30 day notice to leave b/c they give her nothing but trouble and they didn't even give a deposit. Right now they're living month to month, so how should she go about it in writing?!? Any suggestions or websites I can go check out for her will be greatly appreciated...Thanks in advance! =)
Additional Details:
They have a month to month contract and it's a house not an apartment located in Palmdale California. |
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Laissez-Faire Guy
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They are taking advantage of your friend's mom.
First off, they can only withold rent when the landlord has been notified of problems, but refuses to do anything about it.
The black mold in the bathroom is called mildew and it happens because of the humidity. The landlord should go over there, take "before" pictures of the bathroom, use some mildew remover and give it a good and thorough cleaning, and then take "after" pictures.
Regarding the trash, have her ask the tenants how long it took to remove it, and let them deduct $10 an hour or so from the rent for doing so.
The tree branches is not an urgent matter and does not effect the habitability of the place. That can be addressed soon, but not right away.
After the bathroom is cleaned, and an appropriate deduction is made for the trash on the rent, she should immediately demand payment in full of the remaining rent.
If not received, she should begin eviction proceedings immediately, by handing them a 3 Day Notice to Pay Rent or Quit right then and there. |
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jdecorse25
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First off, the tenants first step would be to send a letter in writing about the problem with out mentioning the withholding of the rent. It's after a few tries to rectify the problem is when that is brought up. If your friends mother never received anything prior to this letter, then that shows they are trouble tenants. Personally, I would go as soon as possible with a plumber or someone to test if the mold is in fact toxic. Just because it's black, doesn't mean it's toxic. Repair it. If the branches outside are hazardous, then get them cut down. This one is not as urgent. The trash is the tenants problem. Since they are on a month to month, I would aks them for the security deposit that they never furnished. With them meing month to month, she doens't need to evict them, she just needs to let them know that she will not be renewing their lease agreement for the next month. If she wants to be extra careful, which I would be (the tenants aren't afraid to go to court) I would consult an attorney to draft something up for that. It hardly costs anything and you have the satisfaction that it's done right. |
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Feeling Mutual
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The laws vary in each state and county. They are entitled to notice according to the law first and the contract second.
Why hasn't the tenant cleaned the mold in the bathroom?
The tenant is responsible to clean the bathroom, after all, it is the tenant who uses it! Why did she let it get so bad that her child became ill? |
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mcdannells
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Renters~ got to love what they come up with so they do not have to pay rent hu?
Does she have pictures of the place before renting to these people?
As soon as possible file a eviction notice on them. If the paper they sent her is not legal or notarized go right away and get the eviction started.
These renters sound like big time trouble!! |
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mscarriem
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go to the Department of real estate website for california and look up landlord tenant laws. I do not think they can not pay rent for those problems. Your mom should serve them notice , check and see if she can give them a 3 day pay or quit |
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Peilthetraveler
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Here is what i suggest. Tell the tenents that since it is unlivable they should take the rent money they are refusing to pay and get one of those pay by the week motels, until you fix it. Once they are out, go rent one of those storage facilities where the first month is 1 dollar and have all their stuff moved there "for safety reasons" fix what is wrong and them tell them when they move back in that rent is now 1000 dollars higher (since it was month to month you can do this) and that they will have to sign a lease if they want to stay. If they disagree, then say "well your stuff is in storage, goodbye, have a nice life" and make sure the locks are changed. |
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What the Deuce...?
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I'd go and speak to a lawyer first he should be able to advise you better |
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blahblahblahblahblah
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No one can refuse to pay rent, if there are issues with unlivable conditions they still have to pay what is called escrow, I believe that is through the general court. If they at least don't put it in escrow she can evict them for not paying.
escrow is an account it will go into until the place is fixed, then your mom would get the money from that account |
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Ken R
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Sadly, getting people evicted is much easier said than done. In many places it takes as much as 3 months to get someone evicted, and they usually trash the place in the meantime. However, by the fact there is a mold problem in the bathroom, this could be considered as hazardous living conditions and with the right lawyer, they could make things nasty for her. Tell them the house is no longer suitable for occupation now that she is aware of the mold problem, and they will have to move out immediately in order for her to properly remove and dispose of the hazardous material and make repairs. This makes her look like the good guy for being so concerned about their well being. |
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dickn2000a
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Go the local county clerk of the court and file an eviction notice. Then have a sheriff's deputy serve it. The tenents will have 30 days from the service of the notice to vacate the premises. |
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