Legal Question in Landlord & Tenant Law in California

The tenant who rented our property in 2009 still has not fully paid the rent (about $3500 due). At the end of the lease (the end of 2009), I asked him to sign the promissary note and got it notarized. But now, his phone number changed and he ignores my e-mail and I do not know what to do. I am thinking maybe i should go for small claims court but I am not sure how to proceed. Any advice?


Asked on 11/29/10, 9:52 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

You can serve a 3-day notice to pay or quit for any rent that is past due. If the tenant fails to pay or vacate (leave) pursuant the notice; you can then file an unlawful deatiner (eviction) to recover possession of the property as well as back rent owed. The promisory note could be used against you as a waiver of your right to serve a three day notice to pay rent or quit for those amounts covered by the promissory note; therefore I would serve a notice for those amounts not covered by the promissory note.

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Answered on 12/04/10, 10:28 pm


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