All Forum Posts by: Roy Lam

I just spoke to the attorney that Mitch referred.Thank you Mitch. If I don't get the rent by this Saturday when the 3 day notice expires, then I will start the eviction.
On the rental agreement there is a clause that the tenants will be responsible for the legal fees. Even though I don't thinki I can collect it.

If I go to court to file the unlawful detainer or sit in to listen the eviction cases, how do I find the right court house to go to. I know in the Los Angeles county, it's the superior court but where or how do I go from there. Downtown LA has a lot of court houses. Are they listed in the yellow pages?

Correct me if I'm wrong, I am planning to serve her with the 30 day notice after 3 day notice period ends on Friday. Does that mean I have to wait up to 30 days before I can file the court papers to get her out? Or, can I just go and get a court date after the 3 day notice expires?

But what if she doesn't leave and have no rent, then what should I do? Should I get a lawyer?

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?

I had just amended my rental agreement and I will charge them $25 and $5 for each additonal day. Does it sound OK? I figured $5 or $10 a day may not be enough to get them to pay the rent first.

I have two tenants that is always late with the rent, lately it's been worst. I would like to amend the lease and charge them late fees. What is the maximum a landlord can charge in California? Today, one of them paid me half the rent (which is her share), but the other one is still giving me the run around. Should I give her a 3 day notice?

Thank you all for your valuable advices, I have one more question. When do I return the security deposit to the tenant and how? The law says within 21 days, but what day do I use to starting? Should I mail her the check or hand it to her ?

I don't have a lease, it is month to month signed by previous owner. I bought the property last November. I checked the California Tenant Handbook, it does require a 30 day written notice. I am not trying to get double rent, I just want to rent it out as soon as I can, so I can return whatever un-need security deposit basck to her. But she claims if I withhold her deposit to the 15th, I can not show the house at all to other potential tenants.

But my question is, since she didn't pay rent for August, she should have the right to keep me from showing it. Withholding her deposit is only to protect my loss, I am not trying to profit from it.

On the 17th of this month,my tenant notified me that she will be moving out on the 22nd, she wants the security deposit be returned right after she moved out. However, because she didn't give me 30 days advance notice, I have to withhold part of the security deposit to cover the17 days of rent, in case if I can't rent it out. She said if I withhold her deposit, then I can not show the house even after she moved because her deposit covers the 17 days as rent. I tried to explain to her the sooner I rent it out, the more refund she will get back, but she just would not co-operate.

My question is, she paid rent for July and I am withholding her deposit for August 1 thru August 15, Can I show the house to potential tenants on August 1? S