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From California. My mother has a tenant who...

Resolved • Response time 1 minute

3 Aug 2021

From California. My mother has a tenant who has not paid rent for 3 months. However, we have been informed that the tenant was out of the country getting surgery (I believe it was plastic surgery).
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I’m not sure. She has been in the apartment for many years. My father rented it to her at least 15 years ago. He has since passed. We have obtained pictures from the inside and there is damage to walls and flooring, backyard unkept as well.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so
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3 Aug 2021

Ask your own question
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating.   However, we can get this resolved quickly;

We are transitioning to a new system to better serve you, so there may be a slight delay in my responses.  Your patience is greatly appreciated.

Has your mom submitted a 15-day notice at all?

3 Aug 2021
Customer reply
3 Aug 2021
I believe the management company has
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I see! has that time passed?

3 Aug 2021
Customer reply
3 Aug 2021
I think they were posted 6/25/21
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what your rights are here, correct?

3 Aug 2021
Customer reply
3 Aug 2021
Pretty much. Also, they keep mentioning COVID laws prevent them from eviction. But does the COVID law still apply when the tenant doesn’t even have a COVID related financial hardship?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

3 Aug 2021
Customer reply
3 Aug 2021
Well, I guess I want to know if the COVID eviction law applies in this case. Can we evict for rent not paid, damage to property?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I'm so sorry to hear about your situation!

So the answer is yes; you can. A tenant in CA has to provide a declaration they can't pay the rent and also would require they pay at least 25% of the rent owed. Otherwise, the law doesn't provide any additional protections. An unlawful detainer action would need to suffice. You could include recover for the damages in the UD action as well.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

3 Aug 2021
Customer reply
3 Aug 2021
Does the tenant have until 9/20/21 to pay the 25% of rent owed? Currently, she has not paid 25%. Also, can you explain an unlawful detainer.
3 Aug 2021
Customer reply
3 Aug 2021
sorry, I meant 9/30/21
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Thanks! Yes, they do, and they can pay it at any time, but if they haven't yet, then it's not likely. You can still move forward. You aren't required to wait until they decide whether they can do it.

3 Aug 2021
Customer reply
3 Aug 2021
even though this lack of payment of rent is not due to a COVID financial hardship, she is still protect by the California eviction moratorium?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I'm sorry for any confusion.

1. If they have not provided the declaration and 25% of the rent, they aren't protected by the moratorium;

2. If they provide those two things prior to September 30, they can get protection;

3. This means that the eviction can proceed, but you must keep in mind that if they find the money and provide the declaration, it will pause the eviction. But since they haven't provided it yet, it seems improbable they will have that ability.

3 Aug 2021
Customer reply
3 Aug 2021
What is the declaration?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure thing! It's a sworn statement that says why they can't pay the rent. The management company had to provide a copy of it to them so they know.

3 Aug 2021
Customer reply
3 Aug 2021
Oh, ok, I will ask them if they have. At this point, the tenant has only paid 12.5% of rent and that was only because they posted the eviction notice.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I hear you! For now, she could seek the eviction. Did you have any other questions for me about this?

3 Aug 2021
Customer reply
3 Aug 2021
Not at this time. Thank you for clarifying the issues and answering my questions.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle

You bet! Thank you for trusting JustAnswer with your question. If you have additional concerns or need me to clarify anything, please let me know. I am happy to help. My name is ***** ***** I go by Legal Eagle on this site.  Once you log back in, you can go to the “My Questions” page, and you’ll see our conversation. There, you will have a chance to “Request Legal Eagle”.  Type in your question, and it comes to me. You can also click the link below. https://www.justanswer.com/law/expert-dmwesq/.

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Customer rating:
Legal Eagle
Legal Eagle
Attorney
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3 Aug 2021
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