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Q. RENT CANCELLATION

지역California 아이디K**102**** 공감0

조회897 작성일10/20/2009 12:40:59 PM

I HAVE RENT MY HOUSE STARTING SEPTEMBER 09. THEY HAVE PAID DEPOSIT $1500. WITH FIRST MONTHS RENTS (SEPTEMBER) $1595.
THE OCTOBER RENT WAS DUE BY 1ST OF MONTH BUT UNTIL TODAY, THEY HAVE NOT SENT IN PAYMENT NOR MOVE IN TO HOUSE.
I'VE BEEN CALLING THEM, BUT THEY REFUSE TO ANSWER MY CALL. (ALL I HAVE IS THEIR CELL PHONE NUMBER).

I FEEL THEY DECIDE NOT TO MOVE IN AND AVOID ME AS I HAVE ADDED ON CONTRACT THAT THEY ARE LIABLE TO PAY ALL RENTS IF DECIDE TO MOVE OUT EARLIER THAN CONTRACT MOVE OUT DATE.

CAN I CHANGE LOCKS? HOW TO CANCEL CONTRACT?

THANK YOU AND SORRY I CAN'T TYPE KOREAN...TT

* 등록된 총 답변수 4개입니다.

전문가 답변글

쟌 오 님 답변 답변일 10/21/2009 8:47:56 AM

It sounds like you have a valid contract, as such, the tenants are in breach. You must provide a three day notice to quit or cure then after that time period, if they haven't cure the defect, you can then either file a unlawful detainer lawsuit (eviction) or give legal notice of abandonment. If you sue, you need to wait until you get a judgment to change locks. If you give notice, and they don't comply, then you can change lock after the notice period has lapsed. You cannot just lock them out otherwise.

You then must try to mitigate your damages by renting it out or trying to rent it out to someone else.

회원 답변글

**cma**** 님 답변 답변일 10/20/2009 11:25:44 PM

Please take my answer as my personal opinion. When you gave house key to tenant you dilivered the possession of the property to tenant and now your house belongs to tenant. You simply can not change the lock until you take the possession legally back from the tenant. Either you contact them and cancel the contract or you evict them through legal process. I would suggest you send them a 3-day notice as a first step of eviction. In this event, I would recommand you to consult this matter with eviction specialist. I hope this would help you.