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I recently sold a small section of my commercial property. Escrow closes most likely wed or thursday this week. I have a tenant who owes me in some back rent, and i'm wondering how do i go about getting that money? I put together a note for him to sign so we can deal with this personally. If he doesn't sign the note, do i lose out on the money he owes me?
I have (an ex-) tenant who owes me in some back rent, and i'm wondering how do i go about getting that money?
In sequence:
1) You ask them nicely for what is owed.
2) You take him to Court and convince a Judge to ask him nicely for what is owed.
3) You ask that judge to impose garnish their wages for what is owed.
...commercial property ... In CA.
I have an ex-tenant who owes me ($10,000) rent... how do i go about getting that money?
How does the lease describe the process and expectation for overdue rent?
Is that any different from how CA statute law describes their obligation (or yours)?
Does the ex-tenant *dispute* that money is owed?
Does he have any assets worth more than $10,000?
Quote:
I put together a note...
If he doesn't sign the note, do i lose out on the money he owes me?
Signing the note would be convenient... but that doesn't get you the money.
If you have a solid claim then you go through the CIVIL PROCESS to get a lien
and garnishment that you can chase him down with.
My assistant had given him a 3 day notice to pay or quit. The 3 day notice states his balance. On the 3 day notice, it says that the tenant has not paid rent for this entire year. The first column shows his rental payment due, then the column to the right where it states how much he paid is all blank. Total at the bottom is 10k
The tenants argument is that he paid all this year and he has the receipts to prove that he paid. The receipts were signed by my employees when they picked up the payment.
I know he owes, but now i'm beginning to believe something else is going on. Why did my assistant leave blank columns when he proved he had made payments. The 3 day notice states he paid 0 this entire year, but he has receipts. He was late a couple times, and there were times he made partial payments.
Being that he does have his receipts, he says that we can go in a change something to show that he does owe 10k. He says he will accuse us of fraud. He stated on the 3 day notice, for the balance due if there is, it should be accurate with the exact month he didn't make a payment, or partial payment , states that all these blank columns should show that he paid..etc.... He states it not accurate
Speculation... is to force the tenant to show HOW past payments were made by them over the years.
Not just for rent but all the operating expenses of their business...
and then to look for the sudden change in their practices w/r/t the rent from date X to date Y.
ps: I sure wish people would put all the data in the first post.
My assistant had given him a 3 day notice to pay or quit. The 3 day notice states his balance. On the 3 day notice, it says that the tenant has not paid rent for this entire year. The first column shows his rental payment due, then the column to the right where it states how much he paid is all blank. Total at the bottom is 10k
The tenants argument is that he paid all this year and he has the receipts to prove that he paid. The receipts were signed by my employees when they picked up the payment.
I know he owes, but now i'm beginning to believe something else is going on. Why did my assistant leave blank columns when he proved he had made payments. The 3 day notice states he paid 0 this entire year, but he has receipts. He was late a couple times, and there were times he made partial payments.
Being that he does have his receipts, he says that we can go in a change something to show that he does owe 10k. He says he will accuse us of fraud. He stated on the 3 day notice, for the balance due if there is, it should be accurate with the exact month he didn't make a payment, or partial payment , states that all these blank columns should show that he paid..etc.... He states it not accurate
Does he have a valid argument?
How much do you trust your assistant/employees? Because my first, second and third thought while reading this post is that the obvious answer is that the assistant/employees pocketed the cash. If the tenant has receipts, signed by the assistant/employee, that the payment was made, but the payment never made it to you, your grounds are against the assistant/employee, not the tenant.
Oh my, that is a lot of money.....how did the scofflaw rack up such a big arrears???
Yeah, time to get a lawyer or maybe small claims court.
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