My tenant alwas pays late, he is on month to month verbal agrement what are the correct steps as a landlord to get him out
2 thoughts on “My tenant alwas pays late, he is on month to month verbal agrement what are the…”
You give him a 30-day notice of termination of his tenancy if he has been your tenant for less than a year. If more than a year, you must give 60-days notice. Then if he cooperates you proceed with the move-out just like any tenant. If he does not cooperate and move out, you can file an unlawful detainer action just as if he did not pay his rent. Most important, though, is that you not accept rent for any time past the end of the notice. Otherwise it constitutes a withdrawal of the notice.
Timothy McCormick
Libris Solutions – Dispute Resolution Services
1990 N. California Blvd., 8th Fl
Walnut Creek, CA 94596
Mr. McCormick’s advice is spot on, except that when you serve the 30 or 60 day notice, you are entitled to collect rent during that period. The collection of rent during the notice period does not extinguish the right to sue for eviction if the tenant does not move out after the stated period. Good luck.
Philip Iadevaia
Law Offices of Philip A. Iadevaia
12100 Wilshire Blvd., Eighth Floor
Los Angeles, CA 90025
You give him a 30-day notice of termination of his tenancy if he has been your tenant for less than a year. If more than a year, you must give 60-days notice. Then if he cooperates you proceed with the move-out just like any tenant. If he does not cooperate and move out, you can file an unlawful detainer action just as if he did not pay his rent. Most important, though, is that you not accept rent for any time past the end of the notice. Otherwise it constitutes a withdrawal of the notice.
Timothy McCormick
Libris Solutions – Dispute Resolution Services
1990 N. California Blvd., 8th Fl
Walnut Creek, CA 94596
Mr. McCormick’s advice is spot on, except that when you serve the 30 or 60 day notice, you are entitled to collect rent during that period. The collection of rent during the notice period does not extinguish the right to sue for eviction if the tenant does not move out after the stated period. Good luck.
Philip Iadevaia
Law Offices of Philip A. Iadevaia
12100 Wilshire Blvd., Eighth Floor
Los Angeles, CA 90025