Legal Question in Landlord & Tenant Law in California

Landlords can evict a tenant who violates the lease by failing to pay monthly rent.

Giving Notice of Eviction to the Tenant:

1. When the rent has become late according to the rental agreement, fill out the 3-Day Notice to Pay Rent or Quit form with the name of each tenant occupying the rental property, along with the property address and county. The exact amount of rent owed, place and times the rent can be paid by the tenant to the landlord are also required. Make copies of the notice for yourself and one to mail to the tenant, if necessary.

2. Personally serve or hire someone to serve the notice to the tenant. If the tenant does not receive the notice in person, or the notice has to be posted on the door of the property, you are required to mail a second copy to the tenant at the property address for the service to be legal.

3. Wait until the third day after delivering the notice for the tenant to pay the amount of rent owed or vacate the property. If the tenant has failed to exercise either option by the third day at midnight, the landlord can file a lawsuit to evict the tenant.

Filing a Lawsuit Against the Tenant:

1. File an Unlawful Detainer lawsuit in Superior Court by filling out the three required forms: Summons--Unlawful Detainer--Eviction; Complaint--Unlawful Detainer; and Civil Case Cover Sheet. Pay the court fee, usually $160.00 for the first set, and file the lawsuit in Superior Court. The court clerk will file-stamp the forms, giving you two copies. Keep one for yourself and give the other copy to the tenant.

2. Hire someone at least 18 years old and not affiliated with the case to serve the tenant with the Unlawful Detainer forms. Like the 3-Day Notice to Pay Rent or Quit, the Unlawful Detainer must be properly served to the tenant to be legally effective. Nailing and posting the notice is only allowed when the court gives permission for this serving method.

3. Wait the five days required for the tenant''s response to the Unlawful Detainer. If the tenant does not file a response by the fifth day, the court will rule in favor of the landlord and issue a writ of possession. The writ of possession starts the eviction, giving the tenant five days to vacate the property before allowing the sheriff to remove the tenant's belongings and lock the tenant out of the property. The writ also allows the court to award the landlord unpaid rent, court costs or other damages.

Things You Will Need

3-Day Notice to Pay Rent or Quit

Summons--Unlawful Detainer-Eviction (Form SUM-130)

Complaint--Unlawful Detainer (Form UD-100)

Civil Case Cover Sheet (Form CM-010)

Court Filing Fees

WARNING:

Following exact procedures in tenant eviction can prevent landlords from being accused of using unlawful tactics and held liable for damages by the tenant.

Check to see if the property is located in a rent-control area, because tenants have more protections in rent-controlled cities and may not be evicted in some cases.

In my opinion, hire an attorney to do it all for you. That way there are no mistakes. The 30 or 60 day notice requirement is probably null because they have not paid for so long.

DISCLAIMER: This is general information only and based upon limited information. Facts that could change the outcome have not been evaluated.