Legal Question in Landlord & Tenant Law in California

Renter in my home, 58 yr. old female. Signed a month to month lease. Stipulations in the lease, no change of locks without permission, no extra storage space provided in the back, rest of the house etc. must clean up, pay rent on the first & if paid after the 5th a $20 late fee charge, she will pay to have fios put into her room and pay any addition charges for that service if charged.

She has violated every above stipulation above, which she signed. Futhermore, she has not paid rent nor fios charge for February, today is the 11th. I served her with a 3 day pay or leave notice. She has ignored it as she has her lease. She has been here for a tad over 100 days. What is my next step?

She has not paid, not vacated, lease also stipulates if rent is not paid by 15th it is an automatic termination of lease and her 30 day notice of vacating starts at that time.

Do I file with small claims now? Superior Court? Do I immediately give her an official 30 day termination notice? ASAP I want her gone, but also need to collect what is due. She was served the 3 day pay or quit notice. Want to do everything legally. Would love to put her junk by the side of the road. Yes, she works. Thank-you!!


Asked on 2/11/13, 9:37 am

2 Answers from Attorneys
Brian Rosales Harris, Rosales & harris

You can proceed with an eviction suit (unlawful detainer) for non-payment of rent if the three day notice has expired and she did not pay. If she did pay you can serve her with a 30-day notice. The "notice" provided for in your rental agreement is not valid An Unlawful detainer is filed in Superior Court.You must obtain judgment and then lock her out if she does not leave on her own.

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Answered on 2/11/13, 10:02 am

You proceed with an unlawful detainer lawsuit the same as if you owned an apartment building and she was renting an apartment.

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Answered on 2/12/13, 12:44 pm


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