Tuesday, July 20, 2010

What is the legal procedure to evict a tenant (hasnt paid rent) in CA? Any online/community resources as well?

Tenant hasn't paid rent, it was due 20 days ago. I issued her a pay or quit notice, she failed to pay by the 3 day due date. I then issued her a 30 day notice. What do I do next to make sure I can get her out of my home? She has now given me 7 explanations as to when she will pay rent or why she cant.

What is the legal procedure to evict a tenant (hasnt paid rent) in CA? Any online/community resources as well?
You don't issue a 30 day notice after a 3 day notice, you start the eviction. California is very pro-tenant. You need to get an attorney or one of those service agencies to help you with this paperwork because you don't want to screw it up or it will void the eviction. You might have to re-serve her and DO NOT accept any money from her after re-serving her. Don't let a bunch of excuses delay your legal proceeding.





If you are too cheap to hire an attorney, then do yourself a favor and get a NOLO PRESS book on California landlord/tenant law. Any mis-step with the legal serving of paperwork will void your case and you will have to start over from zero. There are professional deadbeats out there who will know more about the eviction process than you do, and it sounds like you have one on your hands. Get tough and get started and get familiar with the legal framework of your situation.
Reply:You'll need to do unlawful detainer process. I recommend you subscribe to the Apartment Owners Association here. They have great resources and bon fide leads to handle the situation


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