California  |  Landlord & Tenant Law

Legal Question

Asked on: 9/16/13, 3:11 pm

Trespassing or Eviction? My wife and I own a property with a 2 studios. Tenant moved in on April 4 this year. Paid with a $1000 money order that was later claimed to be stolen; the money was paid back to issuer MoneyGram by our Wells Fargo bank in July. Tenant has not paid since move-in.

Is this trespassing? We have been advised to pursue this route by a Riverside attorney and we seek a 2nd opinion. Would like to avoid a lengthy eviction process, which has not been started. Tenant is very savvy about tenant rights and keeps requesting a "notice of detainer" so she can pursue her legal rights.

There was no signed lease, just a receipt of tenant's $1000 payment. The tenant was given a key by our manager in lieu of full payment ($1250) due on move-in. Balance was never paid. A 12 month lease was proposed but never signed.

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