Hi, I am a landlord in southern California. My tenant have live at my placed for over 9 months. Unfortunately, they are in a domestic abuse battle. The husband is ordered by the court to stay away from his wife and his children. Well, they signed up jointly for the lease, but they haven't paid the rent for two months which totaled to over $6000. The next court date is mid April. I have sent both of them the 3-Day notice to Pay Rent or Quit. The wife is very responsive and she is working with the social worker for assistance. The husband has not responds to a single text or email. Tomorrow 3/12/2026 will be the end of the 3-days notice. What should I do next? Get an attorney to proceed with eviction? I have to pay my mortgage, too.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
6mo
Just a guess, but I imagine Cali has a specific law regarding domestic abuse situations. Check on that first. Are both parties named on, and signatories to, the Rental Agreement? If only one is, then that is likely the only person you will be able to try to go after. I highly recommend you get an experienced LL/Tenant Attorney on the case asap. At least have an initial "consultation" with one to get clarity on your specifics.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
6mo
Just a guess, but I imagine Cali has a specific law regarding domestic abuse situations. Check on that first. Are both parties named on, and signatories to, the Rental Agreement? If only one is, then that is likely the only person you will be able to try to go after. I highly recommend you get an experienced LL/Tenant Attorney on the case asap. At least have an initial "consultation" with one to get clarity on your specifics.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
6mo
Well, the fact they are both on the agreement is good, you should be able to "chase" them both at some point to try and get a judgment for money. But it also puts you in a bad position. What do you do if She is away, and He is demanding you let him in to "his" rental unit?
Investor · Collierville, TN 38017 · Member since 2017 · 592 posts · 445 votes
6mo
This is Southern California. You need to handle this by the book.
Here’s the clean breakdown.
They signed jointly. That means they are jointly and severally liable. You are not required to chase one over the other. Both are responsible for the full rent.
You served a 3-Day Notice to Pay or Quit. Good.
If the rent is not paid in full by the end of the notice period, your next step is to file an Unlawful Detainer. In Orange County, mistakes in notices or filing will cost you weeks.
Given:
• $6,000+ delinquent
• Domestic violence situation
• Joint lease
• Active court case
I would strongly recommend hiring an eviction attorney. California is technical and tenant-friendly. One small error resets the clock.
Important considerations:
Domestic violence protections
California has specific tenant protections for victims of domestic violence. If the wife is the protected party, she may have rights to terminate the lease or remove the husband from it. That does not erase rent owed prior.
Partial payments
Do not accept partial rent unless your attorney advises it. That can restart timelines.
Communication
Keep everything in writing. No emotional conversations. Stay professional.
Mortgage pressure
Your obligation to your lender is separate from their personal issues. Sympathy does not replace rent.
If the wife is truly working with a social worker and funds are realistically coming within days, you can choose to wait. But do not wait without a clear written plan and deadline.
If tomorrow passes with no full payment, the business decision is simple:
File.
You can still settle during the eviction process if funds arrive.
This is a legal process now, not a relationship management issue.
Hi, I am a landlord in southern California. My tenant have live at my placed for over 9 months. Unfortunately, they are in a domestic abuse battle. The husband is ordered by the court to stay away from his wife and his children. Well, they signed up jointly for the lease, but they haven't paid the rent for two months which totaled to over $6000. The next court date is mid April. I have sent both of them the 3-Day notice to Pay Rent or Quit. The wife is very responsive and she is working with the social worker for assistance. The husband has not responds to a single text or email. Tomorrow 3/12/2026 will be the end of the 3-days notice. What should I do next? Get an attorney to proceed with eviction? I have to pay my mortgage, too.
What are you looking for, a miracle?
Tough choices are part of being a DIY landlord! 😨
Unfortunately, no one's coming to save you and help you make your mortgage payment.
Move forward with the eviction process ASAP - you've already lost TWO MONTHS of rent😱
Confused about the mid April court date - what is it for if the 3-day notice isn't up?
Flipper · Mission Viejo, CA · Member since 2014 · 2k+ posts · 1k+ votes
6mo
@Tu Cao Sorry, but there should be no emotions in a landlord/Tenant situation. You need to hire an eviction attorney now! I flip a lot of homes and unfortunatley have to do this often. Don't wait as you have MORE rights if they have not been in there over a year.
Real Estate Agent · Memphis · Member since 2026 · 545 posts · 315 votes
6mo
That’s a difficult situation, but from a landlord standpoint you’ve taken the correct first step with the 3-Day Notice to Pay or Quit.
Once that notice period expires without payment, the next step in California is typically to file an unlawful detainer if the balance hasn’t been resolved. Given the domestic violence situation and the amount owed, it’s usually wise to have a local eviction attorney guide the process so everything is handled correctly.
Since both tenants signed the lease, they’re generally jointly responsible for the rent, even if one spouse is currently under a restraining order. That said, situations involving domestic abuse sometimes trigger specific tenant protections in California, so proper legal guidance matters.
It’s good that the wife is communicating and working with assistance programs. Sometimes those programs can provide rental relief or emergency funds, but you still have to protect your position if payment doesn’t come through.
At this stage, documenting everything and speaking with a local attorney about filing the unlawful detainer is usually the safest path forward.
I just went through this with a tenant I had. I made the mistake of putting my emotion in it and the people stayed in my place for one year without paying a dime. I felt sorry for them and try to work with them and they take advantage of that. I live in Mass and this is a tenant state. I would advise to get attorney to handle it because it is too much stress handling it yourself. It might be cheaper but it can take a toll on you. Get one if you can afford it. It makes things easier to handle. I will be praying for you in this situation. Mine was a nightmare.
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