Real Estate Law
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If you are in CA, then you can give them a 3 day notice to pay or vacate for any delinquent rent. In California, if a tenant is behind in rent, landlord can issue a 3 day notice for payment. If payment is not made, on the fifth day following the delivery of the notice the landlord can file an Unlawful Detainer (eviction) action. The tenant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (tenant does not appeal) landlord can get a writ of possession. On the 6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any tenant and their belongings.
Link to 3 Day: 3 Day Notice CA Late Rent
If they pay everything that they owe, then you can give them a 30 day written notice to terminate their tenancy if they are not under a written lease and have lived there under a year. If over, you have to give them a 60 day notice.
This is assuming that they are not under a written fixed term lease. If they are, then you can't terminate it early and would have to sell it with them in it or wait for their lease to expire and then evict.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
Does that 30 day notice have to go to the court?
No, but you need to keep a copy of it in case they don't move out so you can file an unlawful detainer action in court on day 31..
If they haven't vacated after 30 days then do I file the unlawful detainer?
Correct. You can tell them that if you have to file a UD action, it will ding their credit and likely prevent them from being able to rent elsewhere because landlords will see that on their background. That gives them an incentive to move on their own so you don't have to evict. You can also tell them that you won't sue them for the back rent as another incentive to move..
Not really...but this one is pretty good: 30 DAY CA