Legal Question in Real Estate Law in California
what to do if tenant refuses to pay or move after a three day pay or quit notice
just wondering what to do if my tenant will not pay or quit. I'm a long distance landlord. Should I be at the property when the three days are up if I have not recieved the payment and the tenant has not moved out? How do I go about getting her out? I also have complaints from the neighbors regarding heavy traffic that looks like drug related activities. Also have had reports of smoking in the house which is in violation of her lease. Which is the best way to approach this situation.
2 Answers from Attorneys
Re: what to do if tenant refuses to pay or move after a three day pay or quit notice
A three day notice should be served and then an unlawful detainer can be filed. If you do not have someone local who can help you with this, we can have our process server assist you with service of the 3 day notice. Should you have any questions concerning the unlawful detainer procedure, please contact us.
Re: what to do if tenant refuses to pay or move after a three day pay or quit notice
Two suggestions:
(1) Consider using a lawyer with a heavy specialization in unlawful detainer and eviction matters and whose office is either (a) near the rental, or better yet (b) neat the courthouse. You will probably need to do a formal eviction process, which starts with an unlawful detainer suit. In larger cities, you can usually find a landlord's eviction service that might be cheaper than paying a lawyer to do the whole thing, but if you use one, makse sure they are bonded and will indemnify you against liability for a retaliatory charge of unlawful eviction.
(2) Be willing to give up say 10% of the rent by using a professional property manager in the future. This will leave you money ahead in the not-too-long run.
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