I have situation with my tenant who have a history of late payments and issues with the association. This time as of today they have only paid 2/3 of January rent and nothing as far as Feb rent. They dont respond to my calls and rarely respond to my texts. Should I give a 3 day pay or evict notice? Please advice.
Yes, assuming that the tenants have no legitimate basis for withholding rent (e.g. habitability issues), you should contact a local landlord-tenant attorney to draft and serve an appropriate 3-day notice, and to follow up with an unlawful detainer if necessary.
I would immediately file a 3-day notice including both the unpaid rent for Jan., and the unpaid Feb. rent.
Do not include any late payment fees or other fees, just the exact rent due for each month.
You can go online to get a 3-day to pay rent or quit. Make sure it is valid in the county you serve it in.
You may personally serve this notice on the tenant, or post and mail. Please make sure you check the correct boxes and sign it and keep a copy. If you make even a small mistake, the tenant could bring this up, or the judge will declare the service invalid.
After the proper 3 days has passed, and you don't get all of the rent, you can then file and serve an unlawful detainer lawsuit. At that point I think you need proper legal representation, but you are able to do this on you own if it is a simple case of unpaid rent, but there are a lot of additional steps to actually get the tenant out if you win, so I think legal representation is best.
This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.
You need to serve a valid three day notice to quit and then proceed with an unlawful detainer. You should consult an AVVO foreclosure attorney that provides a free consultation. If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so.
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