30 day notice served, tenant now claims nonhabit, denies 24 hour notice : ezLandlordForms

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Jim T

started a topic over 12 years ago

Tenant can't pay rent, now claiming uninhabitable 30 days was served. 24 hour notice was served to inspect and correct uninhabitable issues. Tenant now has ordered me not to enter and not to contact them. 1) Does the tenant need to give me something in writing telling me to not enter and not to make contact with her? 2) Can I still enter the apartment to make repairs and checks? 3) Tenant states I can not now serve a 3-DAY NOTICE TO PAY RENT OR QUIT. Because of the 30 DAY NOTICE TO MOVE. 4) Can I serve the tenant with a 3-DAY NOTICE TO CURE VIOLATION(S) OR QUIT? As he is denying me the right to enter on a 24 HOUR NOTICE TO ENTER. Many thanks even if you can direct me to an attorney.

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Luis M

said over 12 years ago

A way your tenant can withhold rent is from what is called the "implied warranty of habitability." Arising from the Green v. Superior Court case, it says that before a you may ask for rent, you must first provide a habitable dwelling. This doesn't apply to commercial tenancies, unless they are mixed with residential, like an artist's loft. The landlord (you) "warrants" that the place is habitable. If there are "substantial" defects, the tenant has the right to withhold rent UNTIL the conditions are corrected. The condition or conditions must constitute a "substantial reduction of habitability," If your property is not uninhabitable you can file a Three day notice. Depending on the type of violation, the three-day notice demands either (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant leave the rental unit. If the violation involves something that the tenant can correct (for example, the tenant hasn't paid the rent, or the tenant has a pet but the lease doesn't permit pets), the notice must give the tenant the option to correct the violation. Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days. In addition, you must properly serve the three day notice.

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Donna

said over 12 years ago

Send tenant a notice of your desire to enter. Hand deliver it to him. If he denies your entrance to fi uninhabitable items, you will now have proof. In an emergency situation, in just about every state, Landlord may enter to make repairs and secure rental unit. If it were me, I would go by original 30 day notcie to vacate, provided I had proof that I tried to make repairs. Be careful if you live in a big city, as they sometimes are very tenant biased. An attorney may benefit you as well.