Legal Question in Landlord & Tenant Law in California

I am filing out a Unlawful Detainer to evict a commercial tenant. I have served a 3 day notice to quit, by registered mail. On the form it looks like this form should not have been served by registered mail. So do I now have to re-serve it using another method? The tenants have been paying the same rent since 1992. I have served them rent increases which they have ignored. Now I have no choice but to evict them to get fair rent. Do I have to start over with a 30 day notice, then a 3 day notice? How do I have to serve the 3 day notice in order to properly file an Unlawful Detainer (UD100)? Thank you sooo much!


Asked on 9/21/10, 10:53 am

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

You should have an attorney, otherwise you can get into trouble. If you dont follow procedure exactly, they can potentially sue you for wrongful eviction. The first thing I would examine is the lease. Then, I would offer the place to the current tenant at the higher rent, in other words, raise the rent with proper notice. If they do not accept, then terminate the relationship and evict following all the proper procedures, which are so complex, even lawyers can disagree about their details and proper execution.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/26/10, 12:42 pm


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