Legal Question in Landlord & Tenant Law in California

Terms of Eviction

Hello, I am having a lot of trouble with a tenate in our home. My question for you is what are the terms of eviction? In our month-to-month rental agreement, we have stated that our tenate was to pay 700.00 for first months rent. 400.00 was to be for rent, and 300.00 was for the security deposit. Our tenate asked if she was able to make installments, so in the agreement it states that the deposit was to be made in a verbal arrangment. Can I evict her since she did not give us the complete deposit in the first month? The agreement was that she would pay 150.00 in 2 weeks after the move in date and the other 150.00 2 weeks after that. She only paid us 100.00 in two weeks, and we never recieved the other 200.00 We wrote her a letter stating that the rent would increase come february 1, and we also addressed some other issues we were having. I.E. slamming of doors and cabinets, leaving a coffee stain that she created, storing personal belongings in our garage and the deposit of course. What is the legal procedure for this? Since she didn't pay her complete deposit, does she get her 100.00 back? She said she was going to move out a.s.a.p but she did not give us a written 30 day notice. Please let me know, I would really appreciate it!


Asked on 1/11/06, 2:28 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Terms of Eviction

If you give the tenant a three-day notice for the balance of the rent due (first apply the monies paid to the security deposit), she either will have to pay within the three days or you then could file an unlawful detainer lawsuit to evict her. Don't take any money after the three days have elapsed. Why is your rent so cheap? Please let me know if I may be of further help at a reasonable cost.

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Answered on 1/11/06, 2:49 pm


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