Legal Question in Real Estate Law in California
I am a landlord and have a tenant who signed a 1 year rent agreement a few months ago to rent my house. In the past few months, payment has been late 3 times and there have been 2 returned checks. I am worried that the tenant is taking advantage of me and is causing me financial worries. I would like to send them a warning letter stating any future late payments will result in an eviction notice, emphasizing them to pay their rent on time and in full. Can someone please help me on what I am legally allowed to do. Thank You.
1 Answer from Attorneys
You can't evict someone if they are late. If they have failed to pay rent, you need to serve a three (3) day pay or quit. If they do not pay within the three (3) days, then you can bring an unlawful detainer action to have them evicted.
I do suggest you have an attorney review the lease agreement and advise you as to recovering any late fees and fees for passing check on insufficient funds.
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