Legal Question in Landlord & Tenant Law in California
tenant eviction
i have a deadbeat tenant that has violated his lease (ie:smoking,drug use and not keeping the place clean) never has rent on time and still owes from the previous month. is there a way to swiftly evict him?
2 Answers from Attorneys
Re: tenant eviction
No! Not legally. Sounds like you might wish this were the days of the Old West, when maybe a century and a half ago you could hire a paid gunslinger to solve your problem.
Follow Mr. Cohen's advice, except if he still owes from the previous month, give him the Three Day Notice ASAP. Note well, however, that if he pays before the three days expire, you'll have to evict him for the drug use, not being clean, etc. and not for failure to pay the rent.
Good luck!
Re: tenant eviction
The next time rent is due (i.e. on the 2nd of the month), serve him with a 3-day notice to pay or quit. If he doesn't pay within the 3 days, file an unlawful detainer lawsuit on the fourth day and have him served that day. Then, after 5 days, if he doesn't answer the unlawful detainer, file a request for entry of default and for judgment for possession. You can fight over how much he owes you later.
It might be worth it to hire a lawyer who represents landlords, and impress upon the lawyer the speed at which you want this to occur.
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