Legal Question in Landlord & Tenant Law in California

we are leasing our upstairs for 6 months the lease is up end of february. however the two girls are behind in their rent, they pay partials...can we give them a 3 day pay or quit or a 30 day notice ? we do not have moneys for attorneys and our home was recently modified we do not wish to risk our home in any way...so what would be the best coarse of action for us..can we fill out forms ourselves and serve them ourselves...thank you...


Asked on 11/17/12, 6:16 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If they are renting from you and are behind in their rent, you can serve them with a three-day notice to pay or quit. The payment they must make is the remainder of the month's rent, and any arrearage. It must be itemized month by month. There also are requirements that you set forth in the notice the hours you are available to receive the rent, your address and phone number, and any rent stabilization ordinance language that might be applicable. After the three days have elapsed, you can then file and serve an unlawful detainer (eviction) lawsuit. After the three-days have elapsed, you should not accept any rent if you wish to proceed with the eviction. If you accept even a portion of rent after that, you will have to start over.

You might consult with an attorney if you wish to proceed. Because evictions are very technical, it makes sense to have a knowledgeable professional handle it for you. Many eviction lawyers offer affordable rates.

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Answered on 11/17/12, 12:36 pm


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