Hold over vs Eviction
Company A was the lessee in a year to year lease with company B. A purchased a new building that was not ready before that year’s lease with B was up. B extended the lease for 6 months, but due to construction and city delays beyond A’s control the building was still not ready at the end of the extension. The lease contract has a hold over clause requiring an additional 20% above and beyond the regular payment. For the last three months A has paid the additional hold over money and B has cashed each check.
B just served A with a 30 day notice to quit and has threatened eviction if A does not sign another 1 yr. lease. It will be another two to three months before A’s building is move in ready.
If A continues to pay the additional hold over money what are its options? How long can A expect to legally stay under the hold over clause if B continues to cash the checks. {A has offered to double the rent for the duration of its stay over but there is a small measure of bad blood between A & B.} How long does the eviction process take? A is a construction company that supports 15 – 20 families who would suffer greatly if A could not do business for two to three months.
Tag Archives: California
I need Real Estate Attorney Question regarding foreclosure and Notice to Quit.
I need Real Estate Attorney Question regarding foreclosure and Notice to Quit.
I have default mortgage with Wells Fargo. Modification did not work out, so got a realtor and went for Short Sale, submitted package and Bank said they will assign a negotiator. Realtor has not heard from them once. Got notified that property been foreclosed on and other real estate agent got listing or trying to not sure. Called Wells Wargo with Realtor they said I called and cancelled short sale so property got foreclosed automatically. FANNIE MAE is the alleged owner now. Wells Fargo dont have records of the conversation to confirm cancellation. Bunch of CRAP!!! Talked to supervisor and submitted another short sale package to reverse the foreclosure. Now I got NOTICE TO QUIT from a law firm representing Fannie Mae. Called Wells Fargo again, they dont want to do anything. REcords are not updated supposedly they said they send email to supervisor in foreclosure department.Do I have legal recourse against Wells Fargo? What are my rights regarding Notice to Quit? How long can I stay in the property now? Can I extend eviction when it comes to it? Thank you.
Unlawful Detainer-Evicition My mortgage company foreclosed on my home on…
Unlawful Detainer-Evicition
My mortgage company foreclosed on my home on December 10,1999 and I was served a ”Notice to Quit” (I was not informed my loan was in default prior to Dec.10, 1999). I hired an attorney and he contacted the mortgage company attorney’s. I was then served with an Unlawful Detainer-Eviction Summons. I went to court several times and finally on April 6, 2000 the court ruled in my favor and awarded me attorney fees and court costs. Outside the court house on April 6 my attorney told me that we now needed to take the mortgage co. back into court to have the house put back into my name, again in May he told me the same
and he wanted $4000.00 to start this process.
Yesterday I went to the Recorder Dept. and found the house was put back into my name on April 7, 2000. I no longer want my attorney to work for me and I have requested my files (all my original checks and other paper work to support my case is in that file), he told me my file was in archive’s and it would take two weeks to get my file. Is there a time frame he has to give me my files? Also I want to sue the mortage company for damages, is there a time limit that I need to file?
Eviction I served a 30-day notice to quit to my tenant on Sept 1, 2002.
Eviction
I served a 30-day notice to quit to my tenant on Sept 1, 2002. As of October 31, 2002, they are no longer staying on the property, but some of there things have been left. Also, they have been coming in the middle of the night to pick up some of their things. Can I change the locks now? Is there any other parperwork that I need to do? What do I do with the things they have left?
Proper service of eviction papers My landlord gave me a 3 day Notice to Quit on…
Proper service of eviction papers
My landlord gave me a 3 day Notice to Quit on Sept. 21 for non-payment of rent in the amount of $995.00. I had no money to pay within the 3 days so then she gave me a 30 day notice to terminate tenancy on 9/27/05. Her husband brought a copy of the Summons to me on 10/26/05 at which time I gave them a check for $1495 — the $995.00 amount and another $500 to have until Nov. 15 to move, clean, etc. They called and said that I owed them $1890 ($995 on Notice and rent for Oct. of $895) so they couldnt accept the pro-rated Nov. amount and they said they will bring the sheriff over to evict. If the check was applied to pay the amount on the 3 day notice dont they have to start the process over, and shouldnt I have been served the summons with a copy of the complaint and by a sheriff, process server, etc.?