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Tenant uses the law to stay rent free

By
Real Estate Agent with Weichert Realtor-Watson and Associates

This is a story of a situation that occurred that I don't know if I have any options. I have a tenant who is a loan officer. He was late on his rent the second month he moved in ,which was August, by 23 days. The third month, which is September has not been payed yet. I filed for an eviction and notified him that I had done so, and that we go to court in October. He told me that since I did that, he will not be paying Septembers rent or Octobers rent. He stated that he knows the system and that he will wait to go to court. He said that if I win the judgment then he will appeal and would not pay rents until we go back to court. He stated that this will take several months. I read the laws and he is right about he can file a appeal. I am not sure if he can continue to hold rents until we go to court. If anyone has the answer, please let me know....

Comments(4)

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Carey Pott
January Financial - Foothill Ranch, CA

I would definitely check with a lawyer, but of course he can stop paying rent whenever he feels like it. The worst case scenario for him is that if he appealed a judgment, it would get denied, and you would still have the judgment against him. Guess what: despite the judgment you still have to get him to pay somehow. Stories like these are definitely the dark side of being a real estate investor. Good luck!

Sep 30, 2008 05:38 AM
Michael A. Caruso
Surterre Properties - Laguna Niguel, CA

What a nightmare. I've never come up against that situation.

Please remember me if you learn of anyone moving "The OC."

Best Regards

Michael Caruso

Sep 30, 2008 05:47 AM
Angelia Garcia
Pure Realtors - Dallas, TX

Sorry to hear about your situation.  That is terrible.  I hope it works out.

Sep 30, 2008 06:07 AM
Konnie Mac McCarthy
MacNificent Properties, LLC - Cobb Island, MD
Broker/Owner - VA & MD "Time To Get A Move On!"

I actually have the same situation going on...we are going to court tomorrow....our guy has not paid in 5 months...the system is rediculous..

Sep 30, 2008 01:04 PM