Landlord Question and Answer Forum

My tenant did not pay his April 2012 rent and promised me that he'll pay both April's and May's rent on May. It is now May 8th and he still hasn't pay yet. I told him I would wait until May since he's been there for 8 years but I also gave him a 3 day notice to pay or quit back in April. My question is: can I start the Eviction process now since I already gave him a 3 day notice back in April or do I need to give him another one and wait 3 days later to start the Eviction process? Thanks,

A landlord may end a periodic or monthly tenancy that is for more than a year with a 60 day notice. Generally, the notice doesn't have to state the landlord's reason for ending the tenancy. https://www.ezlandlordforms.com/documents/14477/california_60_day_notice_to_vacate/

Posted by Jessica B, MD on Tuesday, May 8, 2012

Why, why, why, would anyone want to extend the pain of not receiving rent an additional 60 days by sending a 60 days Notice to Vacate? What happens if the tenant refuses to move after 60 days? You’re back to square 1 and now they’re 4 months behind rent. The complete process from Notice to Eviction takes about 60 days. If tenant refuses to move, the Sheriff will help you. Your original Notice is probably still good. However, you may want to redo it to indicate the actual amount or you might be able to just send another one for last months rent. This will allow you to start the eviction process immediately based on the 1st Notice. You may want to contact an eviction attorney and discuss your options as if you’re considering hiring them. They’re more open when they consider you as a potential client. At least this way you’ll have a better understanding of your situation and options. In CA, serving a Notice cost about $100. Evictions about $1200 more. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Tuesday, May 8, 2012

Thanks Bob! What do you mean Evictions cost about $1200 or more? Can you break down the cost?

Posted by George L, CA on Tuesday, May 8, 2012

If the tenant doesn't perform as per Notice, you can start an eviction. Either you can do it yourself or hire an attorney to do it for you. This can probably cost somewhere from $1000 and up, depending on the tenant's behavior. I prefer to use someone that specializes in evictions to make sure all "i"s are dotted and "t" crossed. One small error and you land up back at square 1, costing you more loss of rent. Do the math. For a complete break down of cost, contact someone as mentioned earlier. Cost varies depending on area and firms. Keep me posted on your decision/results. Other here may benefit from your experience.

Posted by Bob R, CA on Tuesday, May 8, 2012

Just to be safe I'll give him another 3 day notice today and wait until Monday to start the process. I think I will try to evict him myself, I know I am smarter than him and I will do the homework. Will keep you posted.

Posted by George L, CA on Tuesday, May 8, 2012

It's not a matter of being smarter than tenant, it's going in front of the judge (if tenant challenges you) that you may concern yourself with. LOL Best of luck

Posted by Bob R, CA on Tuesday, May 8, 2012

Hi Bob, Got a question for you and all the board members. I gave my tenant a 3 day notice to pay or quit. On the fourth day when he didn't pay I went to court to file the eviction, I filed and have someone served the Unlawful Detainer Complaint and Summons. When I called the court to see if he had file an answer, the court clerk told me he filed a fee wavier and the judge denied the fee waiver. The court clerk told me I have to wait 10 days before I can do anything. I forgot to ask if it was 10 working days or just 10 days. What do I do after the 10 days? Thanks,

Posted by George L, CA on Thursday, June 28, 2012

I went to talk to the tenant I rented to and ran into another man he allowed to move in which ZI did not know about. The man got physical with me and I got him arrested in return. I now have to file eviction, the original tenant I rented to moved out and left me with this person who moved in without permission. I went ahead and filed at court and turned over to sherriff to serve and then remembered because of this arrrest thing I actually never left the written eviction notice. Did I just waste my money and have to start over with everything??I can't bel,ieve he is considered a renter instead of a squatter but the police said because I did not call them right away when I found out he is now considered a tenent. Please help

Posted by Mary H, WI on Friday, June 29, 2012

Did you put Does 1 to 5 on your eviction forms? Does 1 to 5 means you can evict up to 5 people over the age of 18 that are not name on the eviction forms.

Posted by George L, CA on Friday, June 29, 2012