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I live in California,I have a couple of questions about evictions.My tenent pays bits and pieces with no notice and is always late,plus nerver pays the late fees that's in the contract.So I want to know do I serve a 3 day pay or quit or a 30 eviction before the unlawful detainer is served? Two months ago they were served a 3 day or quit and nerver responded and to this day, nerver paid the late fees.The 3-day we mailed out and sent it certified,but of course they did not pick that upso this is why we mailed a copy. Anyway we want to dot all I's and cross all T's so this won't be a big headache so any adivce would be appreciated.
If this is your first time, call a good landlord's attorney and do it RIGHT -- cheaper than having the idiot sue you! Plus if you take notes on what the attorney does and NEXT time (oh yes, there is ALWAYS a next time...) you can do it your self...
As a good practice, I send my tenants a notice to quit every single time they are late with rent. If they pay, I throw it away and all is good. Most tenants get scared into paying once they get a formal notice. Since you're dealing with a deadbeat who is always late, make sure your paper trail is solid. Record the dates they submit rent (or the partial amounts) and record any other lease violations they have had. Make sure your notices have all the info e.g. name, address, your signature, reason for the notice and how long they have to pay etc. Since this tenant seems to be late every month give him both a 3-day notice to pay rent and a 30-60 day notice to quit. Even if he pays you in 3 days you can still move forward in the eviction process.
Just have a process server/constable deliver the notices. It costs $20-$30 and you won't have to worry about the tenant not answering his mail. I have no idea what your lease with him says or how long they have been your tenant - so run it by a lawyer - but those are my tips.
Thank you guys so much for answering my questions.sorry it has taken so long for me to say thanks.We have a court date next month,of course I have not received the rent this month(wasn't looking for it)pray for me that I won't slap the heck out of this women(LOL) I told my husband I wish me and a couple of my girlfriends could show up to the house and drag her out of there and throw most of her stuff out.Flatten some tires or something,this would make me feel so much better.
that's good that the court date has been set. About 50% of the time I would come to some agreement or settlement with a tenant and end up canceling the court date.
Doesn't hurt for you or your attorney to contact the tenant and maybe they will agree to move out now that they know you are serious about late rent and will evict her. Could save some time and hassle.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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Rarely does a tenant answer in court. I had a guy who filed a response to the UD action alleging all sorts of stuff (falsely). I really was hoping he would show up so that I could get the judge to fine him for making false statements or something, but of course, he was long gone by then. Too bad he has such a common name, because I google his name once a month
This all makes me feel more secure. I have a real chicken of a roommate who is supposed to be moving - he set the date. He paid rent until the last month, assuming his security deposit would cover, but did not ask. If he moves out when he said he will, all will be well. I will not be getting quite enough to cover some damages, but it will be okay. He is moving out before the full month - but he chose the date. I will serve him with 3 days to quit and I know that will scare him out. He is a real jerk but I know he cannot deal with any type of confrontation.
I had the neighbors from hell next door. Renters, where the mom was never home, only the teen daughter and the early 20's son and some other woman that appeared here and there. Let's see, besides not mowing their small patch of ground (townhouse), they decided to get a pitbull.......had fights, 2x I had to call police (one subpeona), they got a second pitbull, had 8 puppies.......partied out front at midnight because it was too hot in the house........
I tried everything........the county would not release the owners address, I contacted the HOA to try to get a message to the owner, no go. Finally, the sherriff's office posted a 30 day eviction notice. They got out all right, the trash company had to make a special run. Finally the owner came by. They did over 15K in damages. Besides the damage from the dogs that never went out, it appears there was vengence damage. Go talk to the utility companies........chances are they are behind there, too. Some will not provide new service until the past due bill is paid. Include all amounts in any judgments you seek.
And finally, if you don't know the neighbors of your rental, go meet them and give them your contact information and ask them to contact you if anything isn't right.
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so this is why we mailed a copy. Anyway we want to dot all I's and cross all T's so this won't be a big headache so any adivce would be appreciated.
