Eviction or Cash for keys

[Roslyn A.]

I have a tenant who have had problems paying and being late so I finally decided to give her 60 day notice to leave.  The area this rental condo is located is fairly nice in southern California and most times I have no problem with finding a tenant that pays on time, however this one was inherited when I purchased the property. Dumb me for not doing a credit check.

Anyway, she emailed back that it would be fine.  She paid the beginning of the month as I saw on the bank account statement and I thought things will go smoothly.  But then, now that it's almost the end of the month, I got notice from the bank that her check bounced.  Unfortunately, I only check the bank account in the beginning of the month so now she's almost had a full month of rent free living.  She won't answer phone calls or emails.  I'm planning on giving a 3 day pay and quit. Then after that I'm thinking of doing cash for keys since I hear that eviction is very costly in California.

If I go the eviction route, would I be able to count the initial 60 day notice as part of the eviction process?

Thanks for any input.  This is my first real issue with a tenant.

[Account Closed]

Roslyn,

Do both.  Contact an eviction attorney first thing tomorrow morning.  If you don't know one, google is your friend.  Have your attorney serve the 3-day notice to pay rent or quit.  A notice coming from the law firm carries a lot more weight than it's coming from you.  The fee for this service is around $80-$100.

At the same time, contact your tenant by phone, text, or email.  Tell her that your attorney has started the eviction process already.  However, if she can move out of the unit by the end of this week, you will refund her deposit in full.  As much as you don't like it, it's the least costly option in the long run.  

Your tenant may use a stalling tactic by saying that she will move.  It doesn't matter what her answer is.  After the 3-day notice is up, have your attorney file an eviction immediately, just in case she doesn't move.  The cost for the eviction should be around $800 - $1,000, which includes court fee, sheriff fee and attorney fee.  At this point, you can't afford to be cheap. Pay the fees.  Consider it's a cost of doing business.  If she's out by the weekend, refund her deposit. 

Again, do both.  Best of luck.