tenant do not pay the rent, what I can do. (Residential)
You must serve 3 Day Notice to Pay Rent or
quit to tenant. 3 Day Notice require tenant to pay total late rent in 3 days or
move out in 3 days. If tenant do not pay rent in 3 days, landlord has the right
to file lawsuit against to tenant for move out.
Notes: If tenant has paid partial rent in
three days, landlord must make a choose either accept the partial rent and
serve the new 3 day notice OR return the partial rent and file the lawsuit.
You can find the 3 Day Notice to Pay Rent
or Quit in the Download.
I can serve 3 day notice to pay rent or quit?
3 day notice can be served at anytime if
the tenant do not pay rent.
If tenant do not pay rent in first payable
banking day, 3 day notice to pay rent or quit can be serve on next day.
banking day means if first day to rent is holiday or weekend, the first rent
payable day considers and due as the next available banking day.
can do if I want to terminate the lease agreement. ***
not for Los Angeles rent control***
Landlord can terminate the lease agreement
at any time if and only if that is Month-to Month lease agreement.
If tenant live in the property LEASE than
12 months and under Month-to-Month lease agreement, landlord or agent can serve
30 day notice to termination the tenancy.
If tenant live in the property MORE than 12
months and under Month-to-Month lease agreement, landlord or agent can serve 60
day notice to termination the tenancy.
Notes: Please do not accept the last month
rent. If landlord accept the rent, Notice of termination of tenancy will
You can find the 30/60 Day Notice copy in
tenant violate the lease agreement such as having the pet, Airbnb, etc, what I
must serve 3 Day Notice to Perform or Quit to tenant. In the notice, landlord must
list items that tenant violate and attach proof for violation. If tenant do not
response in 3 days, landlord can file the lawsuit on 4th day.
You can find the 3 Day Notice to Perform or
Quit copy in the Download.
to serve the notice to tenant?
You have two ways to serve notice to
tenant. Please choose one of two.
1.Personal Serve. Hand by hand give the notice to
the tenant. Please memory the serving date and time.
2.Post and Mail. If you cannot find the tenant,
please post notice on the door and take a picture. Then you must go to the
nearby post office, mail one certificate first class mail.
can do if tenant do not agree landlord or agent to enter the property.
You must serve 24 hour notice to enter to
tenant regarding to check or fix the problem for the house. Notice must post on
the door for more than 24 hours from the time to check the house. This notice
do not have the right for landlord or agent to open the door without the
agreement form tenant. If the problem is emergency, please call local police
You can find the 24 Hour Notice copy in the
text message or email will legally work to serve the notice.
No, text message, email or webchat do not
consider as the legally way to serve any notices. All notices must be written
or printed notice. Please serve the notice either personal serve or Post and
Mail serve. Please look at Q&A #5 how to serve notice for more detail.
long to the evict the tenant.
Depending on the court and county, most
lawsuit will take time period between 7 weeks to 15 weeks. If defendant file
response to court, the lawsuit will be delay. During the lawsuit period, landlord
or agent cannot accept the rent. If rent accepted, lawsuit will fail.
accept rent during the eviction lawsuit.
No, landlord or agent cannot accept any
rent during the eviction lawsuit even 1 dollar. If rent has accepted after
filed lawsuit, landlord must make decision for either cancel the lawsuit or
return the rent to tenant within 48 hours. landlord cannot, at the same time,
accept rent and evict the tenant.
sheriff do after received writ and how long to do sheriff to schedule the
After sheriff received writ, Sheriff will
do three things. First, sheriff will check the background of defendant(s) for
do defendant(s) have the gun or not. Second, sheriff will be the house by the
self to check is the property address can be find. If yes, sheriff has to post
the eviction notice on the door, noticing the defendant(s) have 5 days to
vacate the house. Third, sheriff has to schedule a date and time after 5 days
to evict defendant.
I have to prepare for the lockout?
You have to hire the
licensed locksmith to open the door for sheriffs to entry the property and
replace the lock after. Locksmith means the safety in case
tenant changed lock without notifying the landlord. If door cannot open, sheriff
will refuse to do the eviction. Then you must re-schedule the lockout, spending
one more month and extra money.
Around the lockout time, you must
stand on the sidewalk of the street, waiting the sheriff, because, if the
sheriff see no one on the sidewalk, he would think the case has been cancelled
and just leave without get out the car.
Please pay attention that sheriff
could be late up to 1 hour AND also could be early for 15 minutes.
the lockout, what I should be for the tenant left belongings.
You must calculate the total value for
stuffs is more than $700 or less than $700.
After the calculating, you must issue the
certified letter with listed how many and how much items left in the property.
Tenant has right to pick up their stuffs in 18 days. 18 days count starting
next day you mail out the letter to the last known address.
If the total value of stuffs is over $700
dollars, you must hire an auction company to sell stuffs after 18 days.
If the total value is less than $700
dollars, you could throw away after 18 days.
charge deposit as the rent?
Security deposit is not equal to rent.
Please memo security deposit means the safety for the landlord. BUT If both landlord
and tenant agree, landlord can charge the deposit as the rent. Deposit have to use and return after tenant
vacated, charging the damage made by tenant, such as the late monthly rent, property
amenities and others from security deposit.
to require late rent after lawsuit.
You have three ways to require the late
rent after lawsuit.
First, If there was a trial during the
lawsuit, the judgment of total damage will enter to defendant 's credit record.
if there was no trial, money judgment can be required after defendant vacate.
Money judgment take 3 to 6 months to enter the record. This judgment will stay
10 years in the defendant's record.
Second, after have the judgment, you can
hire a collection company to help you to collect the money.
Third, file the lawsuit in small claim
court to tenant with total amount under 10 thousand dollars. Notice: The
tenant's new address must be provided before file Small Claim lawsuit.
I can charge in from security deposit.
Deposit can charge the total damage after
tenant vacate, such as the house cleaning fee, repair and others. The
reasonable charge beyond normal wear and tear. All fees have the receipt
provide by the licensed company. If no receipt as proof, tenant have the right
to reduce to pay the unreasonable charge.
Itemized report of Deposit must issue in 21
days after tenant vacated.
You can find the Itemized Security Deposit
form in the DOWNLAD.