How can I legally evict a tenant that is almost 3 months late in paying rent?

If the tenant you are writing about has not paid rent for three months, there is all the more reason for you to begin eviction proceedings against him or her since you are losing money daily. Yes, you can evict this tenant.

To begin the process, you need to serve him or her with a 30 day notice of termination of the lease, or a three day notice to pay or quit if you are willing to allow the tenant to remain if the amount owed is paid in full in the three day period.

If the tenant fails to pay in the three day period or vacate, your option is to file an unlawful detainer action with the court to evict the tenant. If the tenant does not leave under the 30 day notice of termination in 30 days, you file an unlawful detainer (eviction) proceeding in the local court house.

I suggest that you consult with a landlord tenant attorney about the 30 day notice, three day notice to pay or quit and the unlawful detainer proceeding to be on the safe side. It is best to have someone with experience to draw up these documents.