Evicting A Tenant

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Evicting A Tenant

Tenant said she/he would clean rooms since she/he didn’t have the money. Landlord has asked tenant 5 different times to clean a room and tenant says she/he can’t do it. It have been almost 2 months and Landlord now wants his money. What can Landlord do?

Asked on May 27, 2009 under Business Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should start eviction proceedings immediately.  You must start by giving the tenant proper notice.  The type of notice will depend on whether the lease is written or oral (for example month-to-month).

There are many other steps but as a Landlord you are probably all too familiar with them, if not I have provided a link for you to refer to:

http://www.courtinfo.ca.gov/selfhelp/other/landtenudforms.htm

Once you have the tenant evicted you can sue in small claims for the amount of rent that the tenant would have paid you absent the agreement to clean.  However given your tenants money troubles I don't think you'll have much luck in collecting it.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Depending on the reason the landlord has for evicting the tenant, the landlord will have to first serve either a 3-Day Notice, a 30-Day Notice, a 60-Day Notice, or a 90-Day Notice (Section 8 housing). Then, after the time expires on the notice, the landlord can file an Unlawful Detainer suit in court.

If the tenant owes rent, then the landlord can serve a 3-Day Notice to Pay Rent or Quit.


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