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Updated about 1 year ago on . Most recent reply

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50
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4
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Roy Lam
  • Investor
  • Monterey Park, CA
4
Votes |
50
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Tenant keeps on destroying parts of the house, then claimed the house is inhabitable

Roy Lam
  • Investor
  • Monterey Park, CA
Posted

I just lost another eviction to my tenant.  Every time in court , he would always something which he did not answer  in the answer to the summon.  The first trial, it was my fault that I did not have an attorney.  I thought it should be easy, he owes me rent., I evicted him.  So, when the judge asked if I had gone to at least check it out.   My answer was no.  So the rent he owes me was reduced by 25%.  This was back in July 2023.  Then the second eviction, he stopped paying rent and say the house has too many problems.  Finally, he paid July's rent.  But he stop paying rent starting August,  He even tell me to evict him again.  This is like someone spitting on my face.  So I brought an attorney to court, but same result. Rent was reduced by 15%.  Same judge because we are in the area of this court.

I don't understand, he did not mention the things in the summons. And he could get away with.  Then during the second eviction, he always has excuses to prevent me to go to the house to do repairs. I posted a 24 hour notice on the door to come o0n Wednesday.  Wednesday , he didn't open the door.  All the people we hire could only go home.  Leave another 24 hour notice.  Friday, came back and don't open again.  

I don't know what I should do.  If I keep  evicting him, he will keeping saying the house is not safe .  This is like a revolving door.  I had the attorney standing NeXT to me, seems to me he was helping my tenant than me.  i didn't think this lawyer firm is so irresponsible.  Nobody contact me even until the day before the trial.  Then I asked him if he received my e-mail.  He said no. Then I asked if he read my case.  No.  So wee were in the trial, he knew nothing until he looked over my files and chose a few notes and pictures.  Anyway, I never had seen any law firms like that.  The rest iis history..

Most Popular Reply

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2,465
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3,857
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,857
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2,465
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

You're getting played because you're letting him set the rules.  Here's what you need to know and enforce:

"Landlord Rights to Enter Their Property in California.  Required to give at least 24 hours notice before entering. If the landlord must enter as an emergency measure, they can enter without notice."(End).  And, here's a legal site that gives more detailed advice on landlord entry:   https://www.kts-law.com/clearing-up-the-confusion-right-of-e... 

The tenant does not have to let you in; give the legal notice - and then use your key to enter the premises. Since you're in a legal tangle with this guy, take a witness with you and film/photo the unit. Do a formal inspection report, determine repairs, and then follow back with another notice to make the repairs.  I recommend not only posting the notice but photographing the notice itself and a copy of the envelope/notice posted to the door with date/time stamp.  Document every action - and any reaction you receive.  Take back control of your property and eliminate issues that the tenant is holding you hostage over.

You got this. 

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