Q: I filed an unlawful detainer for a house I rent due to non-payment of rent April/May/June.
I filed an unlawful detainer for a house I rent due to non-payment of rent April/May/June.
-I mailed the 5-day pay/quit letter to the renter via priority mail w/ delivery confirmation (prior to attaining the detainer). The Court Clerk said this was ok, but am I required to send it certified needing a signature?
-On the summons I entered myself (Landlord) but did not list my wife (who is also a landlord on the lease). I listed both tenants that are on the lease. Do both landlords on the lease need to appear in court or can I represent the both of us? Are BOTH tenants required to appear before the court or does only 1 of them have to appear and represent both?
-If the tenant pays all money due prior to the court date, am I required to allow the family to stay in the house for the term of their lease? W/ this happening 2 months in a row, I really don't want to allow this as I have a family of my own to support and a mortgage to pay w/ part of their rent.
A:
A 5 day notice to pay or quit may be mailed by first class mail, postage prepaid. The Judge will ask for a copy of the 5 day pay or quit notice when you appear at court.
As husband and wife being the landlord, generally the court will allow one of the spouses to be the plaintiff. Some judges are more picky than other.
If both tenants are named in the unlawful detainer and both were properly served, both are required to appear in court.
If the tenant pay the rent arrearage before the court date, you should send the tenant a "reservation of rights" letter in order to preserve your rights to continue with the court case. You will need to show the Judge the reservation of rights letter at Court.
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