California Eviction Process: Lease is over and rent is past due?

[alleyne]

Hi, I really need some help, I'm thinking about serving my tenant with a three day or quit notice, because a. her lease is over, and b. she hasn't paid this months rent or part of the lasts. I was trying to be nice to her, but enough is enough, and I need her to go. She had promised to leave on the first, and is currently not answering my calls. I am ready to serve her with a 3 day or quit notice, however, does it make a difference if her lease is over? I mean, I want her to pay and quit. Thanks!

[tahmelapachme33]

The status of her lease is irrelevant; you should have provided notice the very first time it happened. Tenants NEVER pay rent late "just once."

Do not listen to her promises, do not keep making excuses for her. Serve her notice today, do not accept any money from her unless it is full payment for every month she is behind, and follow through in court. Evictions are VERY speedy in CA; you can have her out in 3 weeks if you follow the steps properly or, better yet, secure an attorney.

[adelphos]

If your property is a single dwelling home, the process will be as easy as pie. If your property is a multi-dwelling apartment, be prepared for the proceedings to take up to a year.

Apartments are drowning in rent-control laws. Single dwelling home have almost no rent-control laws what-so-ever.

Either way, begin serving her with the eviction notices immediately, The sooner you start the better. You may need to hire a service that will locate her and serve her with the papers. They can act as a witness to the serving process. That way, your tenant cannot claim that she never received notice in court.

Make sure you have a paper trail and make sure that you follow the letter of the law exactly. Do not just wing it. So do your homework on your particular situation and use your head.

Good luck.

[ruddy]

If your property is a single dwelling home, the process will be as easy as pie. If your property is a multi-dwelling apartment, be prepared for the proceedings to take up to a year.

Apartments are drowning in rent-control laws. Single dwelling home have almost no rent-control laws what-so-ever.

Either way, begin serving her with the eviction notices immediately, The sooner you start the better. You may need to hire a service that will locate her and serve her with the papers. They can act as a witness to the serving process. That way, your tenant cannot claim that she never received notice in court.

Make sure you have a paper trail and make sure that you follow the letter of the law exactly. Do not just wing it. So do your homework on your particular situation and use your head.

Good luck.

I'm not sure about California specifically but where I live I know for sure you cant knock on the door and demand payment or get out. You may evict them which means they must go soon but not immediately and they don't have to pay on the spot if you want the money and her to go right now you will need to go to court I suppose.

Remember its your house and she is really only just staying in it like a hotel. if she refuses after a court notice then she will be taken out of the house by police officers