Legal Question in Landlord & Tenant Law in California

I posted my following question under General Civil Litigation. I was advised by Law Guru to re-post it under Landlord-Tenant.

Can I file UD against my tenant who has only paid the rent after serving him with 3 day notice to pay rent or quit three times out of three months that he has rented my house so far? He also has refused to pay me any late fees that I have incurred for paying the house mortgage late and other processing charges? Please note that based on the terms of the one year residential lease that my tenant signed, he agreed that payment of rent on three occasions within a 12-month period will constitute a just ground for eviction. The continuous late payments on the part of my tenant and my inability to pay the mortgage on time are affecting my credit.

I appreciate your help.


Asked on 6/03/13, 4:28 pm

1 Answer from Attorneys

For any kind of UD there must first be a notice to quit the premises based on failure to perform. The failure to pay late fees is not grounds for a UD if rent is paid up. You have to go to small claims for that and they get to keep possession. If you do, in fact, have an enforceable clause that gives you the right to terminate the lease for three-times late payment, then you have to give notice of termination of the lease under those terms and a deadline to leave. I am not sure without researching it (which is beyond what you get for a free question) but I am fairly certain you would need to give 30-days notice to vacate. If they are not out after the notice period expires, THEN you can file the UD action.

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Answered on 6/03/13, 4:50 pm


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