SuckaBusta
Junior Member
What is the name of your state? CA
(1) My tenant just gave me $900 in cash in an envelope for January 2005 rent with a note that said he will give me the additional $600 ASAP. (The rent is $1,500/mo). I properly served him a "3-day Notice to Pay or Quit" in person with a witness on 1/10/05 for the $600. He called me on 1/11/05 and asked if he could pay me on Monday 1/17/05. I reluctantly agreed over the phone. More excuses. He's been consistently late for 6 months.
(2) He owes me back rent for $750 which is due on February 1st from previous arrangements, due to holiday hardships, which I do not believe he will pay because he is out of work. I sent him a letter (not contract revision) letting him wait until then to pay. This is in addition to the regular $1,500 February rent.
Rather than waiting for the inevitable and getting buried alive by a slacker, I feel like filing the Unlawful Detainer paperwork in court on 1/13/05 and not serving him the summons until 1/17/05, after he gives me the $600 cash. Please concur with the following assumption:
I am entitled to do so because I didn't receive the $600 within three days. It is a violation of my rental agreement and I can still have him evicted. Correct? (I want to be proactive on this one). I am also going to claim the $750 as back rent and $50/day damages for everyday past 1/13/05 that he is unlawfully in my rental unit.
(1) My tenant just gave me $900 in cash in an envelope for January 2005 rent with a note that said he will give me the additional $600 ASAP. (The rent is $1,500/mo). I properly served him a "3-day Notice to Pay or Quit" in person with a witness on 1/10/05 for the $600. He called me on 1/11/05 and asked if he could pay me on Monday 1/17/05. I reluctantly agreed over the phone. More excuses. He's been consistently late for 6 months.
(2) He owes me back rent for $750 which is due on February 1st from previous arrangements, due to holiday hardships, which I do not believe he will pay because he is out of work. I sent him a letter (not contract revision) letting him wait until then to pay. This is in addition to the regular $1,500 February rent.
Rather than waiting for the inevitable and getting buried alive by a slacker, I feel like filing the Unlawful Detainer paperwork in court on 1/13/05 and not serving him the summons until 1/17/05, after he gives me the $600 cash. Please concur with the following assumption:
I am entitled to do so because I didn't receive the $600 within three days. It is a violation of my rental agreement and I can still have him evicted. Correct? (I want to be proactive on this one). I am also going to claim the $750 as back rent and $50/day damages for everyday past 1/13/05 that he is unlawfully in my rental unit.