Tenant Not Moving Out After They Gave Me 30 Days Notice To Vacate

[fuelishways]

My question involves landlord-tenant law in the State of: California

I have a tenant who gave me her 30 days notice to vacate which means she should have been out of the house on March 31, 2008. Well, she's still in the house, and I have secured renters to move in on April 21 (Yes, this Monday). What are my rights as far as making sure she gets out of the house? Can she legally stay in the house since she gave me notice and I've already secured a new renter for the month of May?

[CourtClerk]

Has she paid the rent for the month? What did she say when you asked her when she was planning to vacate the unit?

All you can do is file an unlawful detainer, but that won't have her out by Monday. You are literally stuck between a rock and a hard place. Time to call your new tenants.

[fuelishways]

No, she hasn't paid me anything. Last week she said she'd be out by Friday (yesterday). Today, after not returning my calls for the past 3 days, she said she might stay until the 30th. But, I don't even think she'll move out on the 30th.

Even though SHE gave me 30 days notice to vacate, I don't have any rights to get her out since she didn't pay me a dime?

[panther10758]

You start by giving her a three day pay rent or quit notice

[fuelishways]

What happens after I give her that 3 day quit notice? Does that start the eviction process which, in turn, takes at least another 30 days?

I have renters lined up, paid/signed lease and everything, to move in on May 1st. And, finding new renters, is not an easy thing for the price range of my rent ($1800).

[CourtClerk]

You have the right to evict her legally.

Once you give her the 3 day notice, you have to actually wait the 3 days. If rent is not paid, then you hire a landlord/tenant attorney to file an unlawful detainer. Why an attorney? Because you want it done right and you don't really seem like you're all that familiar with landlord tenant law.

After the UD is filed, the defendant must be served. After service, she has 5 days to respond. If she responds, then you file the necessary paperwork to request a trial. If she doesn't respond, then you file the necessary paperwork to request a clerk's judgment and writ of possession.

[fuelishways]

How long does this process take? I say this because even if I give her the three day notice, I'm sure she won't pay, or she'll partially pay. I don't even want money from her anymore, I just want her out. And I've got good renters with good credit already lined up for May 1.

So, do you have an approximate, timeline for this entire process?

Thanks for your help, this has been very eye opening.

[CourtClerk]

a month or two. maybe longer if she decides to put up a fight.

[panther10758]

If the current occupant is not coopertive then it will not be resovled in time for new tenant. CC gave you best advice you can get as you are clearly in dark as a Landlord hire an Attorney! In meantime read this

[fuelishways]

oh, I am so up the creek...is there a legal way to serve a 3 day notice? I'm out of state, so can I email it? Fax? Does it have to be certified?