Non Paying Tenant in CA

[Brandon Pearsons]

Hello, 

I have a a tenant that has been getting worse and worse about paying the rent. They have paid mid moth the last 2-3 months. I texted him yesterday and he did not respond. 

I checked my rental account today and it looks like he put in $700 of the Month $965 rent for the month of Jan. 

I want to remain on good terms with the tenant and not blow my cool because I dont want them to cause more interior costs... 

I also know I should probably file a 3 day pay or quit notice... What is the proper way to do this? 

I believe he has a puppy in there as well.. He has not paid a pet deposit and in the lease I wrote no pets allowed unless a pet and deposit is agreed upon

Thanks 

[Marcia Maynard]

So, you have a tenant who is a rule breaker. He is not abiding by the terms of your rental agreement both on the non-payment of rent and on having an unauthorized pet. 

Whenever a tenant breaks one of our rental terms, I serve a "Notice to Enter" as soon as possible. When I am in the unit I keep my eye out for other lease violations as well, it is quite likely if breaking one rule, another will be broken as well.  If the tenant has been avoiding me, it allows me to meet with the tenant for a face-to-face.  At that time I go over the terms of the rental agreement and hand them written documents about the rental agreement violations and associated fees. If I don't get the action I need from the tenant, such as compliance with the rental agreement and paying all rent and fees, then I will serve the proper notices for the situation. It might be a "Pay Rent or Quit" and/or a "Notice to Perform" (one for each violation). 

I have a late rent letter that clarifies the amount of rent due now, including the late fee that I charge (ours is $50). I also have a form I use when tenants break rules that lists the charges I will be assessing for breaking rules for which I have a penalty fee (ours is $50 for an unauthorized pet). Often the tenant pays up right away. If they don't, then I serve a legal notice. I charge a $20 posting fee for each legal notice I serve.  

Be sure to keep written documentation of your interactions with the tenant. Be swift, polite, firm and fair.