Under CA law, when rent is not paid, you would serve her with a 3-Day Pay or Quit notice. The day you serve the notice does not count. The first day of the 3 day notice is the following day. If she has not paid in full by the 4th day---so long as it is not a Sunday or legal holiday, you may then immediately file for eviction.
Below are links to the forms youwill use in the CA court to evict the tenant. If there are any other personsthere who are not tenants under your agreement, you must serve him with aseparate document if you do not identify and name them in the Unlawful DetainerComplaint.
Under the law, if the reason for eviction is the failure to pay rent, or a violation of the rules, you may file the eviction after the Three Day Cure or Quit Notice is served on them.
If they are month to month tenants and you just want them out, and they have been there less than 1 year, you must first serve/hand or post at their door a written 30 day Notice of Termination of Tenancy. If they have resided there more than a year, the notice must be a60 day notice. The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes onaverage3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.
If rent is paid on the first, you can serve the notice at any time, but it won't be effective (the end of the 30days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them. http://www.hrfh.org/forms/30_Day_Notice_of_Termination_of_Tenancy.pdf
Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:
Unlawful Detainer Form
Request for Entry of Default
Do it Yourself Guide for Evictions
Document to serve on othernon-tenant persons staying in the home, if you don’t identify and name them in the Unlawful Detainer Complaint
Three Day Pay or Quit Notice
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