Rent is late consistently. Can we evict?

[Joe Pea]

California law (and I think Oakland?) Describes

• - The time range for economic hardship to end January 31st
• - Court claims for unpaid rent can not begin until March 1st
• - Previous unpaid rent is not grounds for eviction.

The agreement allows my subtenant to pay on the 1st and no later than the 5th every month.

If they've been paying consistently late after the 5th, and don't start to pay on time in February (which is outside the Covid economic hardship time range), can I start an eviction process? Is this a just cause?

In general, how do you handle late payment?