Anyone in CA ever win an eviction case non payment for full rent

Anyone in CA ever win an eviction case non payment for full rent

Beverly Hills, CA · Member since 2011 · 7 posts · 1 vote

I have a tenant who is deducting $25 from the full rent of $2000 per month.  They have done this two month now. So they owe $50 total. 

Backstory

I gave them credit for utility bills because the unit they were in, used the same electric meter for the common laundry room.  I have since installed another meter so now there are two meters.  The $25 was for my share of the utilities.  I have since issued them a 30 day notice of change that this $25 will no longer be given.  Since then they took it upon themselves to just deduct it from the rent.  Before I would give them $25. I stopped give them the $25.  So they decided to take it from the rent.

There reasoning because it isn't fair. Not exactly in these words but it is essentially what they were getting at after a long talk with them.

Would a judge evict someone on such little of an amount?

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  • Member since 2022 · 137 posts · 115 votes
    4y

    Depends what you have in the lease.

    What is the rent amount.

    Was the discount noted in the lease

    Do you have late fees in the lease?

    If you really want to evict over this ; Wait one more month of no $25, then issue a 60 day notice of eviction for late rent over 3 months

    Sounds like $25 discount was worth it instead of a new meter imo.

  • Beverly Hills, CA · Member since 2011 · 7 posts · 1 vote
    4y

    @Sean Ross

    The rent is $2000. Yes the $25 credit was on the lease. Yes, I have late fees in the lease.

    There are other issues with the tenants that just prompted me to get another meter.  But I agree.

    Even if I wanted to evict, the question remains, would the judge rule in my favor, for $75? Lawyers see this as a cause for eviction but since CA is tenant friendly, I like to get other opinions.

    What is a "60 Day Notice of Eviction for late rent"?

  • Member since 2022 · 137 posts · 115 votes
    4y

    Give a 60 day notice. - notice to pay late rent or get eviction 

    Give a 30 day notice- notice to pay late rent or get eviction

    Give a 3 day notice pay or evict

    Yes you will get an eviction with all this

    But you need copy's, proof of receipt, pictures, bank records

    Then you file UD, cost is prob more than $75...

    tenant gets a court date

    tenant gets eviction 

  • Member since 2020 · 404 posts · 235 votes
    4y

    As a landlord i wouldn't of even mentioned to them in the beginning that the meter was tied to the laundry. It would of been a small different specially if it was just a duplex and not like laundry is going on all the time. Telling them that just opens up can of worms. 

  • Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    4y

    @Joseph None

    I would let them know they now owe the $25 plus the late fee as detailed in the lease. Does the lease list the full amount? If they do not pay the full amount, then I would issue a 10 day notice to pay, and eviction follow the 10 day notice. Do they really want to have an eviction on their record for $25 a month?

    Of course, all of this is supported by the lease which should detail the $25 discount and now the situation has materially changed.

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