What is the name of your state (only U.S. law)? California
I am a LL who recently inherited a rental home from my parents. The existing tenant was a very, very nice lady and I have a soft spot for her because she was always honest and decent to my parents before they died. She struggled with being left by her husband, and although she was often late and it was difficult for her to do it, she always paid rent. She's just a really upstanding person at heart.
A few years ago, after the tenant's husband walked out on her, the tenant allowed her daughter and her daughter's boyfriend to move into the home to help make rent. The daughter and boyfriend pay most of the rent and, from what I've heard, have unfortunately been pretty miserable to the original tenant since then.
Still, the tenant was treading water, keeping the rent paid, keeping the house well kept.
When my mother died three months ago, the rent stopped. I tried very hard to work with the original tenant to help her stay in the house, even going so far as offering them a month's free rent if she could just pay last month's rent now and this month's rent by the end of the month.
But it looks like, for some insane reason, the daughter and boyfriend have just decided they won't pay their share of the rent... not because they can't afford it (they both have great jobs with utility companies). They want to see her mother evicted. I've explained that the judgment will go on all their records, not just the mother's. Still, they have flat out said they won't pay rent because they want the mom evicted and her life ruined. It breaks my heart to have to do this eviction, but I have little choice since there's no way the mom can ever pay the current rent, much less the back rent. She's so far behind now she'll never catch up.
Tomorrow I'll likely be getting a default judgment for possession. Once they are out, I intend to also file for back rent.
Here's the question: The mom is really very much a victim here, and I hate being the one to pile a judgment for back rent on top of her. It's bad enough that the daughter is screwing over her mom and getting her evicted. However, I have no qualms about adding on to the daughter and boyfriend's troubles (because they're doing this willingly). Can I file for back rent from only TWO of three tenants if the two were not the original tenants that signed a rental agreement with my mother, the original LL?
I am a LL who recently inherited a rental home from my parents. The existing tenant was a very, very nice lady and I have a soft spot for her because she was always honest and decent to my parents before they died. She struggled with being left by her husband, and although she was often late and it was difficult for her to do it, she always paid rent. She's just a really upstanding person at heart.
A few years ago, after the tenant's husband walked out on her, the tenant allowed her daughter and her daughter's boyfriend to move into the home to help make rent. The daughter and boyfriend pay most of the rent and, from what I've heard, have unfortunately been pretty miserable to the original tenant since then.
Still, the tenant was treading water, keeping the rent paid, keeping the house well kept.
When my mother died three months ago, the rent stopped. I tried very hard to work with the original tenant to help her stay in the house, even going so far as offering them a month's free rent if she could just pay last month's rent now and this month's rent by the end of the month.
But it looks like, for some insane reason, the daughter and boyfriend have just decided they won't pay their share of the rent... not because they can't afford it (they both have great jobs with utility companies). They want to see her mother evicted. I've explained that the judgment will go on all their records, not just the mother's. Still, they have flat out said they won't pay rent because they want the mom evicted and her life ruined. It breaks my heart to have to do this eviction, but I have little choice since there's no way the mom can ever pay the current rent, much less the back rent. She's so far behind now she'll never catch up.
Tomorrow I'll likely be getting a default judgment for possession. Once they are out, I intend to also file for back rent.
Here's the question: The mom is really very much a victim here, and I hate being the one to pile a judgment for back rent on top of her. It's bad enough that the daughter is screwing over her mom and getting her evicted. However, I have no qualms about adding on to the daughter and boyfriend's troubles (because they're doing this willingly). Can I file for back rent from only TWO of three tenants if the two were not the original tenants that signed a rental agreement with my mother, the original LL?
