Legal Question in Landlord & Tenant Law in California

Served 30 day notice to terminate rental agreement

I am a landlord whose tenant has fallen behind at least 1 months rent and a week of rent. Tenant lived in rental house under month to month agreement for over 1 year. I mistakenly served tenant with a 30 day notice almost a month ago and now recently realized a 60 day notice should have been served. Can I serve the tenant a 3 day notice to quit as it appears the tenant has no means or intent to pay the rent. Also the tenant is a rookie policeman. Would his employer look at such behavior as negative? What advice would you give me to expedite his removal.

Thanks


Asked on 3/06/08, 9:09 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Served 30 day notice to terminate rental agreement

You are quite perceptive, and kinder than most.

You are correct in all assumptions.

Sixty day notice was required. but, as long as your tenant is behind, a three day notice will get you to eviction proceedings much quicker. However, if he pays, you have rent in your pocket, but the eviction is off.

If the employer finds out, I assume that this would be regarded as negative, but I do not think that should be your concern.

I would negotiate with him, and tell him it benefits all concerned if he will pack up and leave quietly, since it will cost you $500 minimum to evict him, and that is if you did it yourself without an attorney or eviction service to aid you.

Good luck!

Read more
Answered on 3/06/08, 10:25 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Served 30 day notice to terminate rental agreement

Just an addendum to what Mr. Bennett says: The notice would be a three-day notice to -pay- or quit. Make sure that, if you do serve one, to include all of the information required, including your or agent's name, address, phone, hours available to pay rent, and whether the property is subject to rent stabilization, the rent stabilization board's number, etc.

Read more
Answered on 3/06/08, 11:44 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California