Legal Question in Landlord & Tenant Law in California

I gave a proper written 30 day notice to quit to my tenant. I anticipate she will not pay her final 8 days of rent when it is due on Dec. 1 and also that she won't leave on Dec. 8. What are the steps I should take starting when the rent isn't paid on the 1st and leading to her not leaving on Dec. 8


Asked on 11/23/11, 9:27 am

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Assuming your 30-day notice was proper, if she does not leave on December 8, you will need to file an unlawful detainer action to evict her. In that lawsuit you will ask for daily rent from December 1 through the date she eventually moves. You could also give her a 3-day notice to pay rent or quit on the 1st if she hasn't paid the prorated rent, and then proceed with the unlawful detainer action. Either way, you will have to file a lawsuit against the tenant.

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Answered on 11/23/11, 10:36 am


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