Legal Question in Real Estate Law in California

Re: Evict a tenent who has prepaid the rent for several months.

You should retain an attorney to serve a Notice of Breach of Covenant. If you fax me a list of your problems and a copy of the lease, I will provide you with free consulation.

Re: Evict a tenent who has prepaid the rent for several months.

If you accepted the rents after knowing about the additional residents or the pets, you have probably waived the breach. Additional residents are difficult to prove. A tenant can have guests and they will probably claim to be guests, not residents of the rental unit. As for the pets, you will have to serve a 3 day cure or quit notice. Again proof will be difficult as the tenant will probably claim that the pet was temporary and gotten rid of. If you succeed in the eviction, you will have to account for any overpayment of rent.

Be sure you want to undertake this as it may not be worth it.

Good luck and let me know if we can be of further assistance.

Re: Evict a tenent who has prepaid the rent for several months.

Your rights to evict a tenant are unaffected by prepayment of rent, except that (1) if the prepayment in any way looks like an illegal excessive security deposit you may be in trouble, and (2) you will have to refund unearned rent.