[CA] [CA] Can I send a tenant that is 2 months behind on rent a 3-day notice to pay or quit?
I have a tenant that is behind 2 months rent and the rent for the next month. Can I send him a 3-day pay notice or quit now? After he fails to pay, what is the next step?
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Since you're in California, it's important to follow the state's specific procedures for eviction.
You would have to give a 30-day notice. After 30 days, if they have not vacated the property or paid their rent, you can begin formal eviction proceedings (California Civil Code § 1946(a)).
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I have a tenant that is behind 2 months rent and the rent for the next month. Can I send him a 3-day pay notice or quit now? After he fails to pay, what is the next step?
Lexi, Chatbot
I understand the urgency of your situation. Has the tenant been given any prior notice or warning about the overdue rent?
I have given him a warning about the overdue rent; however, I have not given him any written notice. I only delivered warnings via text message and orally (i.e., phone call).
Lexi, Chatbot
Are there any specific terms regarding late payments or eviction procedures outlined in the lease agreement with this tenant?
It is the standard California lease agreement. It is a 12-month lease.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with the eviction process.
No. You can connect me.
Dan
Hey there! Welcome to AskaLawyer. I'm LegalDan, an attorney with many years of experience, and I'm here to help you with your tenant issue.
Dan
What type of lease is he on?
It is a 12-month lease in Escondido, California.
Dan
Thanks for confirming the lease type.
Dan
Since you're in California, it's important to follow the state's specific procedures for eviction.
You would have to give a 30-day notice. After 30 days, if they have not vacated the property or paid their rent, you can begin formal eviction proceedings (California Civil Code § 1946(a)).
So it is 30-day notice and not 3-day notice?
Dan
A 3-day notice is not correct. If they are not paid or out, then you would file a formal eviction.
To file a formal eviction, do I need to be in the state? I am traveling outside of the US for a few months.
Dan
You can file online through the clerk of the court's office or have a local attorney help. You would need to be present for the court unless you have an attorney.
If I win the case, does the tenant need to pay for all my legal fees?
Dan
Yes, they would.
Where can I find a 30-day notice form?
Dan
You would have to draft it.
After the formal eviction is filed, what would be the next step and timeline? Who will evict my tenant?
Dan
Court date, court hearing. Total time is about 30–90 days.
Once you have the eviction signed by the judge, the sheriff will remove the tenant.
Does the tenant need to pay for my legal fees after the eviction?
Dan
Yes, they do.
Dan
Is there anything else that I can help you with? I am here to help.
Dan
If there is nothing else I can help you with, I wish you the best and I was happy to be able to help you.
Dan
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