My question involves landlord-tenant law in the State of: California.
I own and live in a house in San Diego, California, and I have taken in 2 renters who are renting rooms on a month-to-month basis, with only verbal contracts so far, nothing in writing. They usually pay me in cash and though I have kept a record of the payments for my tax purposes, I have never given a written receipt to either tenant.
One of the renters has been here 16 months. She pays $600/month and that includes utilities. She is 62 and was laid off from her job almost a year ago and has been collecting unemployment, and has been able to pay her rent every month until this month. For December she paid half of the amount, $300, early in the month, but last week she told me she has no money and cannot pay. She appears to have made no effort to look for another place and there is no evidence she is preparing to move out.
Yesterday I gave her a 3-day Notice to Pay or Quit, and verified that the form had all the elements required by California law. However I believe I made an error on the dates. For the period covered by the $300 she still owes, I wrote December 15, 2015 through December 31, 2015. I believe I should have written December 1, 2015 through December 31, 2015. I don't know if this is an error which would cause the case to be dismissed, if this comes to a court case.
Can I simply serve her with another 3-day Notice today, with the correct dates? (Of course one day later, so the 3-day period would start again.) And if I do, does that supersede the notice I gave her yesterday, even though the amount owed does not change?
Would it be advisable for me to also give her the 60-day Notice to Vacate now, at the same time as the 3-day notice? That will set the clock going on a date she must be out, period. Will that interfere or confuse the process of the 3-day Notice to Pay or Quit? If she has not given me any money by a week from today (Monday Jan. 4th) I intend to go to the court and file a case of Unlawful Detainer, based on the 3-day notice I give her today.
Thank you for your advice.
I own and live in a house in San Diego, California, and I have taken in 2 renters who are renting rooms on a month-to-month basis, with only verbal contracts so far, nothing in writing. They usually pay me in cash and though I have kept a record of the payments for my tax purposes, I have never given a written receipt to either tenant.
One of the renters has been here 16 months. She pays $600/month and that includes utilities. She is 62 and was laid off from her job almost a year ago and has been collecting unemployment, and has been able to pay her rent every month until this month. For December she paid half of the amount, $300, early in the month, but last week she told me she has no money and cannot pay. She appears to have made no effort to look for another place and there is no evidence she is preparing to move out.
Yesterday I gave her a 3-day Notice to Pay or Quit, and verified that the form had all the elements required by California law. However I believe I made an error on the dates. For the period covered by the $300 she still owes, I wrote December 15, 2015 through December 31, 2015. I believe I should have written December 1, 2015 through December 31, 2015. I don't know if this is an error which would cause the case to be dismissed, if this comes to a court case.
Can I simply serve her with another 3-day Notice today, with the correct dates? (Of course one day later, so the 3-day period would start again.) And if I do, does that supersede the notice I gave her yesterday, even though the amount owed does not change?
Would it be advisable for me to also give her the 60-day Notice to Vacate now, at the same time as the 3-day notice? That will set the clock going on a date she must be out, period. Will that interfere or confuse the process of the 3-day Notice to Pay or Quit? If she has not given me any money by a week from today (Monday Jan. 4th) I intend to go to the court and file a case of Unlawful Detainer, based on the 3-day notice I give her today.
Thank you for your advice.
Eviction Notices: Which Eviction Notices Should a Landlord Serve
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