Evicting A Tenant
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 15 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 15 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.