Tenant Didn't Pay First Month's Rent Is contract binding?

[Tony Pham]

I live in san jose california and just recently signed a month to month contract with a tenant. He hasn't paid us and it has been over a week (we should've gotten payment first, we definitely learned our lesson). My question is, is the contract binding and thus we have to serve him a 30 day notice to kick him out? Or because he hasn't paid us first month's rent and security deposit then the contract is not binding?