What to do if I’m short-selling my duplex but my tenant won’t co-operate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m short-selling my duplex but my tenant won’t co-operate?
The tenant has refused to pay rent for the last 6 months. We are close to closing but now the tenant refuses to sign the estoppel certificate. I need this certificate signed because I can not find the current lease. I want to take them to court for back pay. What documents can help in court if I don’t have a lease?
Asked on January 2, 2013 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the tenant has not paid rent, evict him or her for nonpayment: the tenant has no right to possession without paying. You can evict for nonpayment even without a copy of the written lease. You will testify as to the lease terms and the failure to pay; have anyone else with knowledge (e.g. a spouse; a manager or realtor who helps manage the rental, if any) also testify; bring any/all emails or letters which support the terms of the tenancy, the amount due, and that rent has not been paid; bring rent receipts, a tenant ledger, bank statements, etc. which help prove what the rent was, when it was paid, and when the tenant stopped paying.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.