I've been renting a house in california to a couple for ten years without a problem. I would always make repairs in a timely manner whenever i was told of those problems. I have never raised the rent and respected their privacy. This year has been a nightmare. They have been late on their payment all year and bounced a check last month. I gave them a 3 day notice to pay or quit. They never paid, so I'm in the process of eviction. A couple of days later I get a certified letter . In that letter, by the way, was also sent to the health department and my city, depicts me as a bad lanlord. The tenants states that we had a verbal conversation about those problems several weeks prior to the eviction process. I never knew about those problems the house had. Right now I'm trying to get a repairman to fix the repairs, but they won't let him in.
2007-11-25 04:37:50 · 6 answers · asked by chase21 1 in Business & Finance ➔ Renting & Real Estate
They have not a leg upon which to stand. They are attempting to 'scare you' into dropping your eviction claim against them. If there were problems, they will need to have evidence that they informed you of the problems and that you did not tend to them. Verbal communication does not cut it in a court of law.
Document everything you are doing, including the refusals to allow the repairmen access. Also turn the tables on THEM and send a certified letter advising the time of the next repair appointment, well in advance. That way you will have proof of your attempts. Also get a written statement from the repairmen as to when they attempted to gain entrance and were refused.
When you show up in court with this pile of papers, the judge will laugh at them (underneath his breath) and grant you an eviction. The more documentation you have to support your case, the better it will go for you. And don't forget to sue them for every penny due you, including any charges for repair appointments, plus the costs of bringing them to court.
2007-11-25 05:24:51 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Apparently they are having money troubles and are using a stall tactic to remain in the unit.
They won't win if you can prove and show receipts that you have repaired any problems that the tenant reported over the past 10 years.
Go to court, if you can prove that you have attempted to make repairs when notified and that you were trying to make the repairs recently but they won't let in the Handy Man then they are trying to keep the unit looking poor so they have a leg to stand on. I suggest that you send them written notice saying that you are sending over a repair man, give them 48 hours notice, tell them that if they refuse to let him in you will use your key to enter the dwelling. Make sure you hand deliver the letter and keep a copy for yourself.
It's a stall tactic in hopes that you will stop eviction procedures or that it will take a while to go to court. Continue with your eviction procedure hopefully you will go to court before their case is heard. Spend money on an attorney that way you are insured you will win.
2007-11-25 13:48:53 · answer #2 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
No they don't have a case. They are just stalling. If they didn't request repairs in writing, your liability is very low. Read your lease to see if it allows you to get in to make emergency repairs. If it does, request a sherriff come along with you and your handman as a witness. If thye refuse to let you repair the problem, send them a registered letter stating that they will be responsible to pay for repairs of any continuing damage as a result of their refusal. Do not repsond to them in ANY form other than writing. Act like they are deabeats who do not want to pay and do not acknowlege ANY of their claims for requested repairs.
Tenants who complain about defects after they stop paying rent have very poor cases in housing court. Courts like to see rent at least paid into an escrow account to show good faith instead of deadbeat tactics. You will prevail, but use the courts and written notices only from now on.
2007-11-25 12:50:33 · answer #3 · answered by bonniegreen 2 · 0⤊ 0⤋
You won't have a problem. They are scum bags and the judge is used to them. They are just playing games, the city doesn't care and neither will the judge.
There are no repairs to be made, so I would not worry. But, even if there were once they refused service by not letting your repairman in they forfeited any claim to repairs.
Try to get over there and assess damages, you may as well include those in the suit.
2007-11-25 13:04:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They don't have the right to withhold payment just because the place needs repairs. They still have to pay rent. They are just blowing smoke to stiff you.
2007-11-25 13:53:20 · answer #5 · answered by InsideMan77 2 · 0⤊ 0⤋
Document everything.
2007-11-25 13:13:46 · answer #6 · answered by Judy 7 · 0⤊ 0⤋