How long after a rent payment is due, do I wait to sue a tenant if they don’t pay?
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How long after a rent payment is due, do I wait to sue a tenant if they don’t pay?
We had a verbal agreement on the deposit policy when he moved in. Now he refuses to admit it and uses it as an excuse not to pay the rent. BTW, he is not planning to move out, either.
Asked on January 17, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you want your tenant to remain in the rental and not evict him for unpaid rent, you can sue him immediately if rent is due. If you want to evict him once and for all, you need to serve him with a 30 day notice of termination of the lease and wait until he vacates before suing him for unpaid rent.
If he fails to vacate in the time period, you file an unlawful detainer action seeking his eviction and unpaid rent.
If you might want him to stay, but really want the rent paid, you serve him with a 3 day notice to pay rent or quit. If he does not pay the owed rent in the 3 day period, you then file an unlawful detainer action against him and serve it on him.
You might wish to consult with a landlord tenant attorney to assist you in your matter.
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