Legal Question in Landlord & Tenant Law in California
unpaid rent
how do i get my tenant to pay late rent and keep up. they are 45 days late. if i evict them, how do i recover loses. i live out of state.
3 Answers from Attorneys
Re: unpaid rent
Serve 3 day notice to pay rent or quit. If they pay, make sure that you serve the notice a few days after the monthly unpaid rent is due. If they still don't pay the rent, you can file an unlawful detainer action even if you are out of state. In case of a trial, either you or a representative would have to appear to testify. If the case is a default, then you can obtain a judgment for possession and susequently a money judgment. A money judgment can be collected in several ways. One way is to attach wages. Please call me if you have any quesitons or need help in the unlawful detainer action.
Re: unpaid rent
You need to have someone give the tenant a 3 day notice to pay rent or quit. IF the tenant fails to pay the rent within 3 days, you may commence unlawful detainer proceedings. You may get a judgment for the rent due up to the time of trial. If you have a written agreement, you may also be entitled to attorney fees. For any costs you incur after trial you may file a form with the court called a memo of costs. Once you get your judgment, you can attach the tenants' bank accounts or their wages.
Re: unpaid rent
You should find an attorney in the local area where your property is located. The landlord can handle the posting of the 3-day notice, as well as the eviction lawsuit.