QUESTION
If a tenant sues me, will delinquent rent and damages be included in the judgment?
Asked on Jul 09th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I want to change locks on relative renting my house but approximately $1200 behind on $300/month rent. Have an illegal month to month lease (missing required verbiage), $300 sec deposit not deposited. I sent a 7 day notice due date July 1. He has been promising me for two months that he will leave.
6 ANSWERS
Real Property Law Attorney serving San Francisco, CA
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Law Office of Barbara A. Goode
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You cannot change the locks on your tenant, even if you have served him with a notice to vacate. You must sue him for unlawful detainer in court before you can attempt to have him removed. If you want to evict him for failure to pay rent you must serve him with a 3-day notice to pay or quit. You should consult an attorney in your area because the notices have strict requirements.
Answered on Jul 14th, 2013 at 10:46 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You cannot change the locks you have to evict him from the place using court procedures you will be in more trouble if you do. When you sue assert verbal lease.
Answered on Jul 14th, 2013 at 10:44 PM
There are a 3 day and 30/60 day notices, I do not know what a 7 day notice is. Why is the lease illegal? You can not change locks until you get a default judgment and the tenant out of the unit.if the tenant sues you, you have to cross-complain for the back rent and other damages, otherwise the judgment will only be for what you owe the tenant. You clearly need to read some self-help books on rentals such as those put out by Nolo Press and/or contact an unlawful detainer attorney.
Answered on Jul 14th, 2013 at 9:33 PM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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In Washington, you cannot just change the locks. You must get a court order before you can do that. You should contact an attorney to assist you with the unlawful detainer process. If your tenant is not paying rent, you would normally provide him/her with a 3-day notice to pay or vacate and that would be your basis for seeking an eviction action. I'm not sure what the missing verbiage is regarding your lease, so you should have that reviewed with an attorney as well. It would be a good idea to sit down with an attorney who represents landlords to review your situation and to assist you with this process. Changing the locks and locking the tenant out can expose you to significant liability.
Answered on Jul 12th, 2013 at 11:54 AM
Lisa Hurtado McDonnell
You need to give him a three day notice to pay or vacate, then you need to follow through with the election if he does not pay or vacate. You can not legally change the locks until he has been evicted or moves out. You will neither need to sue or counter sue for delinquent rent or damages.
Answered on Jul 12th, 2013 at 10:20 AM
If the tenant sues you, you can counterclaim for unpaid rent.
Answered on Jul 12th, 2013 at 10:12 AM