Legal Question in Landlord & Tenant Law in California

What should I do? My tenants (a family) have not paid the rents for almost 2 months and kept on extending their stay in my rental house.Their answers to my collection notices were they do not want to pay because they will use the money for the place they are going to move into and the place is not ready yet. I'm planning to serve them a 3-day notice to pay or quit. But after 3 days, if they don't pay or move out, what will I do? I heard that legal action is the next step. Does this need a lawyer? I'm worried about the fees. And also, just in case the tenants quit, what will happen to the unpaid rents? How will I recover them?

Also, a friend advised me to call the Sheriff. Is this an appropriate action?

I will appreciate the help you can provide. Thank you very much.


Asked on 11/05/09, 12:00 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

You will have to evict them through an unlawful detainer action in court. They have certain technical requirements, but for somebody that knows what they're doing are not that complex. It's worth it to hire a landlord/tenant attorney to handle this for you. They can also handle any suit to recover unpaid rent, etc.

Why is this worth getting an attorney for? If you don't do something properly, your tenants can stay on longer without paying. They can drag on for quite a while if not done correctly.

The Sheriff won't be able to do a thing - this is a civil matter, not a criminal matter. The Sheriff may be involved in serving paperwork, but that only happens once your unlawful detainer is filed. Get a lawyer.

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Answered on 11/10/09, 10:00 am


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