Investor · Monterey Park, CA · Member since 2011 · 50 posts · 4 votes
I just served my tenant a three day notice for not paying the rent. But what if she still doesn't have the rent after three days, then what should I do next? She has been always late, but this month she didn't have any money for the rent at all. Plus, she has been giving me the run around.
Should I give her the 30 day notice after the three day periood?
Sitting in a a courtroom listening to eviction cases isn't going to teach you the process of how those parties arrived there. You're going to need to learn procedure. That's why you either need a good book, spend several hours on the Internet, or hire an attorney who already knows how to do this. Here is a law firm I've used before: http://www.liddleandliddle.com/
In a nutshell, after the 3-day notice to pay or quit, you need to file an unlawful detainer with the superior court. This filing is termed a Complaint and once entered into the court, the clerk will issue a Summons. You will need to find a process server to serve this Summons to your tenant (I don't believe you can do it yourself).
After successful service of process, the case can go two ways. One is the tenant does nothing by the deadline provided in the Summons and automatically loses the case in the form of a Default Judgement. Once this occurs, you can usually get a Writ of Possession quickly so the Sheriff can go boot the tenant out. However, if the tenant responds to the Summons, called an Answer, then a court date is set and the process drags on even longer.
Word to the wise, always file a Prejudgment Claim of Right to Possession at the same time as the unlawful detainer. This puts EVERYONE who may possibly be residing in your property on notice that eviction proceedings are in process and gives them some time to file their claim as to why they should be allowed to remain. This adds time to the process up front, but can save weeks, even months, in time later should a friend or relative of the tenant "move in" suddenly and claim they're legally residing in your property. This could happen when the Sheriff shows up and he will in fact turn around and go away until resolved. The Prejudgement Claim short circuits all those little tenant tricks.
This is a very elementary overview of the process and I'm not an attorney, but you can see how complex it is. If you plan on doing this yourself, it's going to be a great learning experience. But realize this learning experience may cost you loss in rent for several months if the tenant is well armed with knowledge of the law and attempts to drag it out as long as possible.
Best of luck and please report back with your experience so we can all learn from it.
SFR Investor · Orange County, CA · Member since 2009 · 1k+ posts · 1k+ votes
14y
Originally posted by Roy Lam:
My property is in El Monte, CA and it has no rent control. I used the attorney that Mitch referred and seems to me he really know his stuff. We had the lock out last month and the eviction went pretty smoothly. Thanks for all the advice everyone gave me.
Good to hear Roy!
Now, put it all behind you, get the place re-rented, and move forth.
Multi-family Investor · Hagerstown, MD · Member since 2012 · 2 posts · 0 votes
14y
I wanted to suggest a few proactive approaches for next time: #1 Would be a clause in your lease (subject to state laws of course) that renders a long term lease into a 30-day month-to-month lease of the tenant ever pays late. That way if their financial situation starts going downhill you could change their lease status, give them notice, and a copy of a move-out letter. #2 Would be to proactively discuss their financial situation. Call the employer they listed on their rental application. Provide them with a list of churches or agencies who can help them in an emergency. Talk to references or family members. #3 Finally, ask them specifically when they are going to send you money and what the source of the money will be. Follow up with them on the day they say they will have/mail the money. If all else fails, talk them into moving out so no one has to go through the time and expense of eviction. Many judges here in PA and MD will give a tenant time to get their act together and if they don't you have to file for another hearing, which can add another month to the process. I've found it also helps you in court if you show you've been actively involved in helping a tenant get caught up. It helps burn this judicial "get out of jail free" card and speed up an eviction