Legal Question in Landlord & Tenant Law in California
Renting a room in house and terming lease
I rented a room to a tenant on a month to month basis. Tenant is now 3 days late with rent and the other half of security deposit that was due and had been given a one month extension. My goal is to get the tenant out as she is on drugs and also smokes in the house. Therefore I do not know if I should give ther tenant a 3 day notice to pay or quit as I really do not want the tenant to pay and stay. Should I give the tenant a 30 day notice of termination of the lease instead. I cuurently have enough money paid between the partial security deposit paid and the partial rent that was paid to equal one months rent. However at this time I just want the tenant out as soon as possible. How should I go about this?
2 Answers from Attorneys
Re: Renting a room in house and terming lease
You should definitelly contact a local eviction attorney for assistance, but I believe a 30-day notice would serve you better if you want to evict her. If she pays you the amount stated in the 3-day notice as would be her right under the law, you are back to square one. Assuming that you are not subject to a rent control ordinance (and thus the need for a LOCAL attorney), you can cancel a month-to-month tenancy with a 30-Day Notice to Quit and then evict her regardless of the status of her rent payment.
Re: Renting a room in house and terming lease
Give both notices at the same time. If she does not pay the rent, you can evict her 27 days sooner. If she does pay the rent, you can still evict her on the 30 day notice. In the unlikely event that she has paid rent beyond the time the sheriff kicks her out, you will owe a pro rata refund.
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