I bought my house in 2003 for $427,000. I filed for Chapter 13 bankruptcy and tried to modify my loan, but the bank did not agree. As a result, the bank told me that I had to short-sale the house or "cash-for-keys." I decided to short-sale the home, but that is still pending. Meanwhile, I had tenants living there for the last two years. As soon as they got wind that I was going to short-sale the home, they stopped paying rent.
I have served them with 60-day notice to vacate (which was actually 57-day notice), and a 30-day notice to vacate. They have not paid rent since September 2015.
Should I serve a 3-day notice to pay or quit? What are my options.
They are still obligated to make the payments to you as their landlords sure still the owner and they are still the tenant. If they do not pay you than you can consider pursuing an eviction based on nonpayment. Talk to a local landlord-tenant attorney for their assistance.
As Mr. Sullivan states, they are obligated to pay you rent. Generally, you are only required to serve a three-day notice for non-payment of rent. Is there a reason you did not proceed with the UD Complaint once the first 60 days were up? A tenant can use receiving multiple notices as a defense, though I have not seen a judge dismiss a complaint on that basis alone, especially in cases concerning non-payment of rent.
The answers provided do not constitute comprehensive legal advice nor does it establish an attorney-client relationship.
The regular landlord tenant law still apply. Retain an experienced CA landlord-tenant attorney to guide you.
Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline