Tenant refuses to pay rent for 2 rooms. I filed Unlawful Detainer and waiting for trial. I found out tenant has hidden account through mother.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Tenant refuses to pay rent for 2 rooms. I filed Unlawful Detainer and waiting for trial. I found out tenant has hidden account through mother.

Tenant has long history of not paying, filing restraining orders, welfare fraud etc. I found out about an account at mothers bank for tenant and brother. How do I attach rent owed and damages to this account? Time is very short due to foreclosure. Her non payment is keeping me from a chance to refinance at lower rate (Obama) and tenant knows that and is willfully trying to cause me to lose house. Other tenant became sick and cant work and I am disabled and have absolutely no money due to non payment from either tenant. Is there any way to ask for more time from lender due to situation?

Asked on May 13, 2009 under Real Estate Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Contact the lender right away and let them know the situation.  It is not too late to ask for a modification of your loan to decrease the monthly mortgage payments so you don't have to lose the house to foreclosure.  In the mean time, if the tenant has not been paying rent, you should evict him.  I see you've filed an unlawful detainer action.  Good.  The court should take care of this with a judgment in your favor and your tenant will owe you back rent.. You cannot, on your own, attach his bank account, but if his defense is he has no money, you can provide the information about the account to the judge.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption