Bay Area Eviction Process

[Keira Hamilton]

Looking for some advice regarding starting the eviction process in the Bay Area. I've reached out to the City for further information, but who knows when they'll get back to me.

My husband and I bought a 4-plex a couple years ago with established tenants. We have never raised the rent. One of the units is at what I would consider to be an above market rate, but again, I didn't establish the lease. The tenant in this unit has consistently been a few days late with rent for months. We should have been more diligent about implementing late fees, but honestly it just felt a bit awkward since we live in the building as well and see this tenant around the property. In the last couple months, his checks have started to bounce and now he's more than a month behind. He is terrible at communication, so it's hard for us to even have a conversation with him to figure out how we can work with him.

I already have a lawyer in mind to use for eviction services, but I would like to avoid getting to that point if possible. I really just want him to move. The thing is, there are definitely more affordable units in this area. I want to have a candid conversation with him and explain this and see if he's willing to move, but I'm not sure if this is appropriate. Laws in the Bay Area are very protective of tenants and I'm not sure if suggesting he move without going through the formal eviction process would be considered coercing the tenant, or something along those lines. I haven't been able to find any information online about this. 

Also wondering if anyone knows--if we do decide do start the eviction process, the first step is issuing a written notice rent due within 3 days. What happens if a tenant pays the full amount but after the 3 day period? Can the eviction process still move forward?

Thoughts?

[Alison Brenner]

Keira, this is Cali...better yet, the Bay Area. You are digging your own grave. What happens when your other residents stop paying and accuse you of discrimination because you let this resident get away with murder?

This is your home and your business. Protect both by exercising what few rights landlords have left in this State. Serve your 3-day pay or quit TODAY. If you need a form template or help, shoot me a PM. Do not accept a dollar after 12:01 a.m. on Thursday, January 11th. File your eviction on the 11th and move-on. You cannot afford to drop the ball financially, legally, or emotionally.

I don't do late fees - any good eviction attorney will tell you don't bother. Cali courts hate them. I serve a 3-day and then proceed with the eviction. My residents pay rent on time - no exceptions. I know I sound like a heartless....The State of California leaves me no choice.