Tenant overdue on rent 20 days not complying to access property. SFR - OC, CA

Real Estate Broker · LA & ORANGE COUNTY CA -Multi Family · Member since 2016 · 374 posts · 132 votes

I have a single-family rental property in Buena Park, California and my tenant is constantly overdue on rent for the past few months now although he pays the late fee every time he is still late and it's a continuing pattern. He's now 20 days late and also does not comply with me when I need to enter the property even with this sufficient notice I am now going to serve him with a pair. Quit notice any attorneys here that can guide me on how to handle this situation at this point I just want him out.

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Richard F.

Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes

3mo

Your State and County have their own very specific rules that must be followed to the letter. You need a local attorney that deals with LL/Tenant issues routinely, or it may end up costing you more time and money.

Going forward, tighten up your screening process; ensure your rental agreement has all of the pain points clearly addressed while still following local law; follow all local laws regarding notices and time frames.

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3mo
Your State and County have their own very specific rules that must be followed to the letter. You need a local attorney that deals with LL/Tenant issues routinely, or it may end up costing you more time and money.
Going forward, tighten up your screening process; ensure your rental agreement has all of the pain points clearly addressed while still following local law; follow all local laws regarding notices and time frames.
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Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
3mo
If you don’t have/can’t find a truly good/great eviction attorney. Interview a couple property managers. Explain your situation and that taking on your property starts with solving your current problem. They should be experts in your situation or you don’t want them anyway. They could easily save their first year’s fees in reduced vacancies and any counter lawsuits from the tenant.
In the end I assume they will collect as much or more rent and you could end up netting the same rent without any work or do it yourself screening.
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Peter MckernanBusiness Member
Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
3mo
Quote from @Varinder Kumar:

I have a single-family rental property in Buena Park, California and my tenant is constantly overdue on rent for the past few months now although he pays the late fee every time he is still late and it's a continuing pattern. He's now 20 days late and also does not comply with me when I need to enter the property even with this sufficient notice I am now going to serve him with a pair. Quit notice any attorneys here that can guide me on how to handle this situation at this point I just want him out.

I got a good eviction attorney out of OC send me a DM.
For your current situation, you'll need to check your lease, and have the tenant on course to commit to that lease. For example, 5th day of the month late, that fifth day you are going to serve a pay or quit notice, and after the 3 days if you don't have the money in full you are filing an eviction. Do not take 50% of the money or even $200.00, you need the whole amount including late fees. Once you accept a small portion then you are starting that process all over again. You need to get them trained to abide by the lease or you'll evict them.
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Varinder KumarPro Member
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Real Estate Broker · LA & ORANGE COUNTY CA -Multi Family · Member since 2016 · 374 posts · 132 votes
3mo
@Peter Mckernan per attorney it doesnt start over partial payments etc can be sent back
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- Peter MckernanBusiness Member
  Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
  3mo
  Quote from @Varinder Kumar:
  
  @Peter Mckernan per attorney it doesnt start over partial payments etc can be sent back
  
  Yes they can be sent back if you receive any monies from tenant(s).
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Shannon Wright
Escrow Officer · Menifee, Ca. · Member since 2024 · 22 posts · 4 votes
3mo
Look up AB 1482. "At-Fault" for a tenant includes landlord access denials.

Under California’s Tenant Protection Act (AB 1482), landlords cannot evict tenants who have lived in a unit for over 12 months without a valid reason. Valid reasons are split into "at-fault" (tenant violation) and "no-fault" (landlord action) categories, and landlords must strictly follow specific notice and relocation rules.
1. "At-Fault" Just Causes: Landlords can terminate a tenancy by providing a 3-day notice to cure or quit for lease violations including: [1]
- Nonpayment of rent.
- Breach of a material term of the lease.
- Maintaining a nuisance or causing substantial damage (waste) to the property.
- Criminal activity on the property.
- Subletting the unit in violation of the lease.
- Refusing to sign a new lease with similar terms to the old one.
- Denying the landlord lawful entry.
- Using the unit for an unlawful purpose.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3mo
Check your local laws. CA is very strict, but in other places, you have to give notice that you are entering-they don't have to agree to it (usually they have no problem). I'd also find out what the rules are around renewing their lease-do you have to renew it or can you not renew it without cause?
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Andrea Fernandes
Specialist · Goa, India · Member since 2026 · 175 posts · 36 votes
2mo
It sounds like there are really two separate issues here: late rent and refusal to provide lawful access. Either one is difficult to manage on its own, and together they usually point to a larger breakdown in the landlord-tenant relationship.

At this stage, I'd focus on documenting every communication, notice, and missed payment while working with a local landlord-tenant attorney who knows California's requirements. In states with detailed eviction rules, small procedural mistakes can end up costing more time than the rent itself.

Going forward, I'd also review whether your screening process, lease language, and rent collection procedures need any changes so recurring late payments are addressed earlier rather than becoming a pattern.

Hopefully you're able to resolve it quickly.
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