Non-Payment Disputes in Burbank

When a tenant leases property, they have an obligation to pay rent. Non-payment gives the landlord a reason to evict the tenant.

However, there can be legitimate disputes about how much a tenant owes. When a unit is unhabitable through no fault of the tenant or when the landlord allegedly violated a lease provision, the tenant could be justified in withholding some or all the rent.

Tenants and landlords involved in non-payment disputes in Burbank should contact a lawyer immediately. One of our tenant and landlord dispute attorneys could explain the legal requirements in a specific situation and help resolve the dispute out of court if possible. In appropriate circumstances, we could also provide representation in court.

Tenants Are Obliged to Pay Rent

Paying rent is essential in a lease or rental agreement. When the tenant does not pay but retains access to the property, the landlord can evict them. Some jurisdictions require a tenant to fall at least one month behind on their rent before eviction, but the state allows prompt evictions if the tenant does not pay as required.

A tenant experiencing financial strain could offer a partial payment and promise to pay the balance within a set period, but the landlord does not have to accept. If both parties agree, they should write and sign it, and each should keep a copy of the agreement. If the Burbank tenant does not pay the agreed balance, the landlord has the right to evict, which could lead to a dispute.

Eviction Proceedings in Burbank

According to the California Code of Civil Procedure §1161(2), a landlord must initiate an eviction by serving the tenant with a Three-Day Notice to Pay or Quit. This written notice demands the rent, states the amount due, and explains how the tenant should pay. If the tenant does not pay or move three business days after service, the landlord can start the eviction process — also called unlawful detainer — by serving a summons and compliant on the tenant.

When a tenant has valid reasons for non-payment, they must serve them on the landlord and court. A tenant has five days to file the answer if they were served in person and 15 days if service was by mail. If the tenant effectively justifies their non-payment, the court may hold a hearing. Otherwise, the landlord could ask the court to issue a default judgment.

Many Burbank non-payment conflicts are resolvable through negotiations between a tenant’s and landlord’s attorneys. In some cases, mediation is helpful. This method could be effective and save court costs.

Legal Reasons for Non-Payment

Sometimes a tenant has a legal justification for withholding the rent, such as uninhabitable unit.

The law is specific about the types of defects that make a residential unit uninhabitable. Someone must protect the property from water intrusions, meaning the windows and doors must be unbroken, the roof in good repair, and the exterior walls must be waterproof. Other issues that could lead to a finding a unit uninhabitable include:

• Damaged floors, railings, or stairways
• Infestations of rodents, insects, or mold
• Missing or inadequate garbage receptacles
• Problems with plumbing or gas connections
• Safe and appropriate heating and electricity not provided
• Missing or broken deadbolt door locks and window locks
• Lack of hot or cold running water, broken fixtures, or problems with sewage removal

If the repair cost of something threatening a tenant’s wellbeing is less than one month’s rent, the tenant could repair the issue and deduct the cost from their rent payment. Alternatively, the tenant could withhold some of the rent until the landlord fixes the problem. There are legal requirements and risks involved in both these non-payment options, so a Burbank tenant considering them should always consult a dispute attorney first.

Contact a Burbank Attorney About Rent Non-Payment Issues

Landlords might suffer hardship when their tenant stops paying rent, but sometimes, tenants feel it is their only option. Good communication and negotiation can normally resolve many of these disputes, but sometimes the parties might need to go to court.

Consult a local attorney about non-payment disputes in Burbank. Whether you want to work out an agreement or fight it out in court, we can provide effective representation and help you meet your goals. Reach out today.