Legal Question in Real Estate Law in California
I have a 'payment agreement' that states that the tennant agrees to pay the past due rent or vacate the premisis by an agreed upon date -- also stated in the agreement is that the landlord can change the locks and remove the contents and re-rent the property if not paid. I have the tennant's signature and the date is upcoming... Do I have the legal right to forceably evict these tennants based on thier agreeing in writing that they will leave if rent is not paid?
Asked on 7/23/09, 8:08 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
No. You must give a three-day notice to cure or quit, and an additional 3-day notice to pay or quit, and itemize the back rent that is owed. If neither occurs, then you file an unlawful detainer proceeding in court. Why take the risk of being sued for forcible eviction?!
Answered on 7/24/09, 9:34 pm