Asked in Landlord - Tenant for California

Q: If a tenant is not paying rent for reasons other than Covid, can I proceed with taking him to court and eviction in CA?

The tenant claims that the AC isn't working properly

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: In this unusual time, the government has issued directives protecting tenants who lost jobs and cannot pay rents. There are also directives assisting LL by providing mortgage relief. As a LL you are not barred from bringing an eviction action, but it most likely will not be heard on the same schedule as it used to be- these were given priority, and you can be sure that the tenant will defend on the basis. Your situation calls for some diplomacy, find out what is wrong with the AC and fix it, then the tenant won't have any reason to not pay rent. Offer a partial rent reduction as a good will gesture, and if this does not work, then serve them with the 3 day notice to pay rent or quit and proceed with your eviction action.

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