Legal Question in Landlord & Tenant Law in California

tennant eviction

After claiming to have had an accident, a current tennant has not paid rent in three months. She claims that she is ready to move to Mississouri which will be funded by The Department of Rehabilitation. I sent a certified letter to her last week advising that she needed to be out no later than July 13, 2008. She called when she received the letter saying she did not know when she could be out as the state budget for California has not yet been signed and the Dept. of Rehab cannot give her a firm date. I called this dept. and was advised that they provide vocational services only and do not financially assist with moving expenses. What are the best legal means to see that she abides by my request to vacate and how does it get enforced?

Thank You.


Asked on 7/08/08, 12:35 pm

3 Answers from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: tennant eviction

Sadly, the letter you sent is of no legal consequence. First, you need to look at her lease and determine if she is a month-to-month tenant. If she is under a longer-term lease, then you will have to follow the second option below to get rid of her. Your first option would have been to give her a 30 day notice (if she has lived in your apartment less than 1 year) or a 60 day notice to terminate her tenancy. The notice you gave her to get out doesn't comply with either of those requirements. At the end of that 30 or 60 days, you could then file an eviction action.

The quicker resolution of the problem is to give her a proper three day notice to pay rent or quit. Again, check your lease to make sure it doesn't require more than three days notice. If she doesn't pay, on the fourth day you file an Unlawful Detainer action in the courts, and evict her. Because of the very rapid time frame involved in three day notices and evictions, you need to be 100% certain that you comply with all of the notice and filing requirements. There is no gray area here - if your notice is defective, or your court filing is missing something, you will have to start over from scratch. Probably better to spend some money and hire an attorney to make sure its correct than to lose time and money by having to refile. Her accident is not a defense, nor is the State's budget problems.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/08/08, 12:54 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: tennant eviction

I agree with my colleaguea.

You have handled this very poorly.

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Answered on 7/09/08, 9:50 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: tennant eviction

It would be advisable to have an attorney review the lease agreement and then provide a notice to pay rent or quit the premises. It sounds like your non-paying renter pulled a fast one on you.

Feel Free to contact my office if you would like help in this matter.

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Answered on 7/08/08, 7:09 pm


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