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.

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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 11 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.


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