What are the legal steps I can take to evict a tenant who is not paying her last months rent & avoiding any form of contact?

Asked about 2 years ago - Oxnard, CA

She gave me a 30 day notice to leave and wanted to use her deposit to pay the last months rent. She has not paid me and is avoiding all forms of communication. On Feb. 2, I posted a 3 day notice to pay rent or quit on her door as well as sending it through a certified letter. I bought this house on a short sale that already had tenants; she is one of them. As a curtesy I gave her a $1000 credit for the deposit that the previous landlord failed to return, with a verbal agreement that she will rent the property for a few years. She has only stayed on the property for a month and a half and now is failing to pay the last month.

Attorney answers (3)

  1. 2

    Lawyers agree

    1

    Answered . You need to properly serve a properly drafted 3-day pay or quit notice. If the tenant fails to vacate within 3-days you will need to bring an unlawful detainer lawsuit. If the tenant vacates you will need to sue them in small claims for the unpaid rent.
    It seems as though you failed to properly serve the 3-day notice and may be subject to a demurrer. Contact an landlord tenant attorney to help you navigate the process.

    All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied... more
  2. Best Answer
    chosen by asker

    Answered . You can serve a 3 day pay or quit since rent has not been paid. The notice must be in the proper format and contain the wording required under California Law. that wording is very specific and mustbe complete. There also appears to be a potential problem with the service you have done. If you wish to show the home you must give a 24 hour written notice of your intent to enter. You run the risk of the tenant claiming you are harassing them. an Unlawful Detainer is a technical procedure that, in legal time, is very short therefore you must do it correctly or you run the risk of losing in court.

  3. 1

    Lawyer agrees

    Answered . I completely agree with previous attorney. Try not to accept the rent from her as it is likely to waive the notice . You have to also file UD.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Eviction from rental property

Before a landlord can start eviction proceedings, he or she must follow specific rules (that vary by state) for giving a termination notice to the tenant.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now