Asked in Landlord - Tenant for California

Q: If my tenant is avoiding my calls regarding payments. How long do I have before I proceed with eviction notices?

Tenant is on a month to month agreement for 10 years and have been falling behind on payments recently.

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2 Lawyer Answers
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: It depends on what your rental agreement says. If rent is due on the 1st of the month, then the earliest that you can serve a 3 day notice to pay or quit is the 2nd of the month so long as the 1st isn't on a weekend or a holiday.

David Piotrowski
David Piotrowski
Answered
  • Landlord Tenant Lawyer
  • Valencia, CA
  • Licensed in California

A: If the rent is past due and there is no grace period, you can generally serve the 3 day notice to pay rent or quit the day after the rent is due.

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