Legal Question in Real Estate Law in California
Our tenant did not pay his August rent. He's been late every month for 2 years. We gave him a 3-day notice to pay rent or quit. He didn't pay. We have a month to month rental agreement in California. Do we give him a 30 or 60 day eviction notice? Do we need to give him a notice to terminate tenancy? If so can that be a 30 day notice?
2 Answers from Attorneys
You gave him a three day notice to pay or quit. That is all the notice you have to give him when he does not pay rent. If he does not pay rent at the end of the three (3) days, his tenancy is terminated, and you file an unlawful detainer action to kick him out.
If you don't want to hire your own attorney to do the eviction, you can consult with Nolo Press' guide for Unlawful Detainer lawsuits for Landlords. You should be able to find a copy at your county law library.
Don't confuse the 30 or 60 day notice requirements to terminate a non-defaulting month-to-month tenant with your rights to terminate upon breach of the rental agreement. You have done all that is necessary to be ready to proceed with an unlawful detainer and, upon getting a judgment and writ of possession, having the sheriff carry out your writ.
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