deliquent rent from relative

[Denise G.]

Hello from a new accidental landlord in San Jose

My mother rented a house to a relative ( against my advise). The "tenant" had issues/violations of lease which we did not document or gather proof of. My mother verbally gave 3 day notice.  To cover ourselves, I  soon after sent a certified written 60 day notice, end of October ( to end dec 31).

In the time being, November came and November rent was not paid. I sent a late rent notice for that mid november.  ( she states she used the money for a deposit on another place)

Via text, the tenant has said she has found another place to move.  Numerous times I have requested a walk though and she declines stating it can happen when she moves out. I have asked about where she is moving, she does not answer ( how will I know where to send collection letters to when she leaves)? Numerous times I have asked about the late rent ( mind you, my non business sense mother did not get a deposit or last months rent from her). 

Her supposed move out date was "thanksgiving weekend, or end of the month"

The late money I can deal with down the road ( report to a credit service, down the road a collection service).  What is more important to me is getting her out.  When december 1st roles around, I suppose my next step is eviction. My 3 day notice for late rent ( pay or face possible legal action) mentioned rent and late fee.  I just read The california Landord's law book, and it said that late fee in the letter could cause problems with the eviction. So do I have to send another letter before filing for eviction?  Correctly just saying rent is late? I'm not sure if I start from scratch again or not.  

Sure, there technically are still days left... but she is not cooperating, and I need to prepare for worst case

help-- i have to clean up my mother's mess! what are my next steps to get her out? 

denise

[Dennis M.]

You need to look up your local tenant laws . Normally you’d issue a quit or pay then after a set time like ten days you’d then file eviction . The Bay Area is extremely liberal and tenant friendly so tread lightly and do a little research on the eviction laws