Legal Question in Landlord & Tenant Law in California

My tenant alwas pays late, he is on month to month verbal agrement what are the correct steps as a landlord to get him out


Asked on 4/18/10, 10:08 am

2 Answers from Attorneys

You give him a 30-day notice of termination of his tenancy if he has been your tenant for less than a year. If more than a year, you must give 60-days notice. Then if he cooperates you proceed with the move-out just like any tenant. If he does not cooperate and move out, you can file an unlawful detainer action just as if he did not pay his rent. Most important, though, is that you not accept rent for any time past the end of the notice. Otherwise it constitutes a withdrawal of the notice.

Read more
Answered on 4/23/10, 10:18 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

Mr. McCormick's advice is spot on, except that when you serve the 30 or 60 day notice, you are entitled to collect rent during that period. The collection of rent during the notice period does not extinguish the right to sue for eviction if the tenant does not move out after the stated period. Good luck.

Read more
Answered on 4/23/10, 11:56 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California