3 Day Notice to Quit

[mqflowers]

What is the name of your state (only U.S. law)? CA

I am a landlord and I went into an agreement with my tenant with a week to week lease. The lease also states that:

"Termination of Agreement: This agreement is not based on a fixed term, and the landlord and tenant may terminate agreement at their discretion."

I had previously given my tenant a 7 day notice for violation of the agreement in three different areas. However, the tenant is still in the premises and hasn't moved out or turned over the keys.

Can I now serve the tenant a 3 day notice Notice to Quit?

If so, on the 4th day can I get the locks changed?

Please advise.

 

[xylene]

Can I now serve the tenant a 3 day notice Notice to Quit?

Absolutely - do so immediately and use a verifiable means of service.

If so, on the 4th day can I get the locks changed?

Absolutely NOT - unless you want to get sued for illegal lock-out. You must go to court and get a judgment of eviction, and have the tenant evicted.

 

[mqflowers]

Eviction Proceedings

I live in Georgia, but the property is in Sacramento, CA. I have already sent the 3 Day Notice to Quit to a server.

Afterwards, what are the steps for me to start eviction proceedings if I am in another state? I would like to work it through and do the paperwork myself.

Please advise.

 

[ecmst12]

The tenant pays rent once per week?

 

[xylene]

I live in Georgia, but the property is in Sacramento, CA. I have already sent the 3 Day Notice to Quit to a server.

Afterwards, what are the steps for me to start eviction proceedings if I am in another state? I would like to work it through and do the paperwork myself.

Please advise.

Then you need to file in California court. Only you can decide if going to California yourself or hiring an attorney is cheaper. Your tenant will have rights in such a hearing.

It is not a formality where you can just 'phone it in'

 

[Gail in Georgia]

I'd suggest looking into hiring an eviction attorney.

California can be a difficult state for landlords; I can't imagine trying to handle the business of eviction long distance.

Gail

 

[mqflowers]

Three Day Notice to Quit

My tenants don't pay rent because we made an agreement that they would provide caregiver relief to my brother and that they could stay in the home, rent free, but would have to pay utilities.

In my further research, I see that I can't do a Three Day Notice to Quit because is has nothing to do with past due rent. However, it looks like I can do a Three Day Notice to Cure Breach or Quit.

Here are the violations of the agreement:

Didn't provide caregiving relief as agreed to.

Noise and disruptive activites. Friends visiting neighborhood, squeeling tires, etc., and neighbors complaining (I have witnesses)

Now do I have to do a Three Day Notice to Cure Breach or Quit and 3 Day Notice to Quit for Committing a Legal Nuisance or can I combine both?

 

[ecmst12]

If your lease actually specifies, in writing, that it is week to week, then your 7 day notice to terminate was sufficient - you do not need a reason to terminate a rental agreement when there is no fixed term. You gave proper notice and he didn't leave, you can file for eviction NOW. I agree you should hire an attorney to handle this for you unless you plan to make the trip back in person.

If the lease does not specify week to week, it defaults to month-to-month and you need to provide a 30 day notice to terminate rather then 7.