Repeated Late payment violation can I evict? (California)

4 Replies

I do issue 3 days notice every single month which they would eventually comply but they take that opportunity to delay things , they rarely communicate with us if there is a delay on the payment.  Do I have a case for eviction here ? I have a 1 year lease with them after that it's month to month. Should I ride it out until I have more power once the lease is up? 

Thank you!

Check your rental laws on when you have to notify them of non-renewal for the lease (usually 60 days). Don't have them go month to month.   Impose all late fees as specified in the lease.   Most people who pay late eventually don' t pay so if you are getting paid I would continue to follow the letter of the lease, not sure if you can evict them unless you are in a non-payment situation

You have a lot of power with your existing lease. Your lease should have a priority of which fees/items get paid first before payment is credited toward rent. Use it to subtract from the funds they pay due to the 3 Day Pay Or Quit, then re issue a new notice for the missing rent amount. When the 3 days are up, refuse to accept any money & turn it over to a flat fee attorney specializing in evictions.
Don't chase them for the money, just have them deposit it at the attornies office.

Yes, just like @Cam Coplin  said, I would modify the lease as soon as legally possible. The Mr. Landlord site have a great set of lease clauses that give the owner more control over these situation. Best to you - keep on training your tenant.

Well, what kind of late fee structure do you have? Is it just one flat fee, regardless of them paying on the 6th or the 15th? Or does it escalate at $ 5 or $10/day or so?

How fast do properties in your neighborhood rent? If you evict now, you will likely have missed the pre-school move crowd, who wants to be in a place for their kids to start school in that neighborhood.

If they always pay late, but eventually pay, would it maybe cost you more to evict them (paint, carpet or redoing whatever needs to be redoing, lost rent etc) than to just deal with their late rent payments?

I don't always look at things as black or white

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