Legal Question in Landlord & Tenant Law in California

I live in California. When a tenant moved in he gave me one check for deposit and one month's rent. The next morning, Sunday, he asked if I would hold it a few days because he had to transfer funds. Instead he slapped a Stop Payment on the check and he still lives in my rental! What criminal charges can I file? Can I evict him immediately?


Asked on 10/21/11, 3:13 pm

1 Answer from Attorneys

You cannot file criminal charges. Only the DA can do that. All you can do is file a complaint with the police and see if they consider it to be a bad-check crime of some sort. As for evicting him, presumably you have a signed lease or rental agreement. Assuming that is correct, you must give him a 3-day notice to pay rent and comply with the deposit requirements of the lease or quit. If he does not do so, you then will be able to evict him.

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Answered on 10/21/11, 3:58 pm


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