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Asked in CA May 21, 2022 ,  0 answers
My rental property in California has gone into foreclosure. My tenant has refuses now to pay rent. She stopped payment on a check for June because she said I would not credit her deposit, which is not true. Can I evict the tenant for non payment of rent. She owes three months of rent at $2450 per month as of August 1. The foreclosure sale will not be any earlier than Oct 15, 2009.
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2 Answers

Anonymous
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Posted on / Aug. 10, 2009 19:18:00

You could, and maybe the tenant would pay you rather than be evicted. Also, a successful unlawful detainer could result in not only getting a writ of possession (which would have limited value, as Mr. Cohen notes) but also in getting a judgment for the rent owed, which could have some value.

I would be careful if you could possibly be accused of illegal rent skimming as defined in the Civil Cide, sections 890 to 893.

Anonymous
Reply

Posted on / Aug. 10, 2009 19:18:00

You could, and maybe the tenant would pay you rather than be evicted. Also, a successful unlawful detainer could result in not only getting a writ of possession (which would have limited value, as Mr. Cohen notes) but also in getting a judgment for the rent owed, which could have some value.

I would be careful if you could possibly be accused of illegal rent skimming as defined in the Civil Cide, sections 890 to 893.

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