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.
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.
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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.
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