Legal Question in Landlord & Tenant Law in California
trash aprtment non payment of rent / sublit without perm
tenant gave 30day notice that he is moving out . tenant is still at apartment , tenant has not paid rent for this month and i will not take rent as we agreed for him to be out within 30dys ... gave tenant till nov-09-05 befor 12noon to be moved out or will lock doors and has police come ...if he is not out what should i do help me .....
3 Answers from Attorneys
Re: trash aprtment non payment of rent / sublit without perm
Serve the tenant with a 30-day notice to move and forfeiture of lease agreement (if any). Do not exercise self-help like locking the tenant out.
Re: trash aprtment non payment of rent / sublit without perm
Whatever you do...do NOT lock the tenant out or you will be liable for civil and/or criminal consequences. What you are considering is called "self help", and it is illegal, so you were wise to contact this site BEFORE proceeding with your plans. You will have to start an unlawful detainer proceeding at this point and claim damages on top for the tenant's illegal holdover. If you would like complete, affordable attorney assistance, so no mistakes are accidentally made, contact us today.
Re: trash aprtment non payment of rent / sublit without perm
If you had a lawyer on retainer or were more experienced with tenant matters, you would have served the tenant a 30 or 60 day notice to quit after you received his 30 day notice that he's moving out. If he hasn't paid the rent, go ahead and serve a Three-day notice on him for all back rent and, if the contract allows, late fees. If he pays within the three days, that's good, because you have money to work with. Then serve him a 30 day notice to quit. If he doesn't pay within the three days, commence eviction. Good Luck.