How to issue "Notice to Pay or Quit" and how to start eviction in San Diego CA

Question

Hi BP Community,

Stupid question: How do I step-by-step issue the "Notice to Pay or Quit" and how do I start the eviction process if tenants are late on rent?

I have been a landlord in San Diego CA for almost 5 years and had never had a problem with late rent (I guess I got lucky there for a while) until my last tenants. This is a 3 roommate situation in a condo. They decided to not pay rent for the last month after I told them I am not extending the lease. They had already had water and drywall damage from negligence and the bill will take about 80% of their deposit (1 month rent). I just pulled teeth to get as much rent as I could out of them and still came up $600 short at the end. I sent them a bill anyway but yeah right, like they are ever going to pay it.

Does anyone have any advice on what I could have done better in this situation? I also want to know how to actually issue the notice and how to start an eviction once tenants are late on rent. Do I go to a real estate agent? Do I go to a lawyer? What are your normal processes for late rent?

Any advice is appreciated!

Nazz

Joe Homs · Answer

@nazzwang

Don' know if the community answered your several part questions, but here is my attempt.

1.  The first thing I always do is talk to the tenants.  Make them understand that if you need to go through the entire eviction process that it will end up on their permanent rental record and it will effect their future plans.  This usually does the trick.

2. 3 Day Notice to Pay Rent or Quit

To start the eviction process you will need to and mail a 3 Day  Notice to Pay Rent or Quit. This gives the tenant 3 days to pay what is  owed in rent. The landlord cannot include any late charges on the  notice, only rent due. Once the 3 Day Notice is served the landlord must  wait a full 3 days before filing the unlawful detainer. If the landlord  wants to proceed with legal action it is important not to accept any  form of partial payment during this time as this will restart the 3 day  window for the tenant. Use the chart below to identify when the 3 Day  Notice expires and when the landlord can proceed with the unlawful  detainer.

Day Served

Notice Expires at Midnight On

Monday

Thursday

Tuesday

Friday

Wednesday

Monday

Thursday

Monday

Friday

Monday

Saturday

Tuesday

Sunday

Wednesday

Be aware that the 3 Day Notice cannot expire on a weekend day. After the 3 days are up the landlord can proceed with the unlawful detainer. Also remember that you will need to fill out a Proof of Service of 3 Day Notice to Pay Rent or Quit.

******  Beware that if they don't pay you and you are going to get an eviction company to start the process, that they will have to start from the beginning as well with the 3 Day Notice.

3.  It sounds like the tenant is out of the home?  If so then your recourse for the money owed (make sure you document everything) would be a small claims court action.  I would suggest reading #1 again as this applies in this case as well.

4.  Landlord rights are difficult here in California, but the rules are spelled out and easy to follow.

Lastly, speaking  with the person always does wonders for me.

Cam Coplin · Answer

Since you don't know how to fill out and serve a 3 day pay or quit notice, turn your case over to a FLAT FEE EVICTION specializing attorney.  I'm in OC and get names from the Apartment Owner Association (AOA) & Apartment Association Of Orange County (AAOC).  So contact a San Diego equivalent association to get their list.  Alternatively google eviction attorneys in San Diego I found lots of them, & start calling.  Almost all these type of attorneys will have a 3 Day notice on their web site & will tell you in a short phone call how to fill it out & serve it.

Jon Holdman · Answer

Yes, find a lawyer.  IDK the process in CA.  It varies from state to state.  But CA is very tenant friendly and any error will delay the process.

My rents are due on the 1st, late on the 5th.  If the rent isn't in by the 4th and we've not made some arrangement, I post a pay or quit on the 5th.  I can then start the eviction three days later, on the 8th or the Monday after that.

Account Closed · Answer

well, you've already had great advice given to you, but doesn't hurt to post a link..these guys are fast, reliable, and get your tenant out the fastest way possible, they serve all of california  www.fastevictionservice.com

Andris Colao · Answer

For completing the eviction process successfully assistance from right person is necessary. With proper legal assistance the whole process could be completed without wasting much time. There are various services now available which provide the eviction services and by depending on such services you could complete the eviction legally without any trouble. The San Diego County Evictions is one popular service in San Diego which focused in helping people to handle the various steps with the eviction http://sandiegocountyeviction.com/

Nazz Wang · Answer

Frank Romine  great point I wish I had done that 7 years ago.

Michael Miller · Answer

Ms. Wang,

Sorry to hear about the outcome as it was probably as stressful as it was costly.  I am going through my first eviction now, but before this circumstance I found, as many on this thread have suggested, that making very clear the ramifications of eviction can help.

In two previous cases, I found that the document linked below probably helped in bringing the residents to pay prior to having to start the eviction process.

https://www.thelpa.com/free/eviction-letter.pdf

Cheers,

MC

Franklin Romine · Answer

Will they move out tomorrow?  Depending on how much you are out on rent and the level of communication you have with your tenants, getting attorneys involved might add more unnecessary expenses.  Sometimes you have to cut your losses, re-rent and move on...

Frank

Account Closed · Answer

I think everyone should visit eviction court before they become a landlord and ask the question on how the process will work.

Joe Gore

Bill Larsen · Answer

Hi @Nazz Wang

I do lots of evictions on properties we buy to flip, and currently have 7 going on right now.  Looks like most your questions have been answered already, but as for how long they take, it can vary greatly.  If the tenants do not fight you at all, you're probably looking at 40-45 days from start until lockout.  We always push for the cash for keys option up front.  If we can get them to move out in under 30 days it's worth it for us to pay them.

How to issue "Notice to Pay or Quit" and how to start eviction in San Diego CA

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