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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
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Experience:  Landlord-Tenant Law Expert
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I have questions about a California eviction. Help

Customer Question

I have questions about a California eviction. Help please....
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  philip.simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  philip.simmons replied 9 months ago.

Sorry....not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 9 months ago.
Gosh sorry, I am having a hard time finding you .....ok...ready?
Expert:  philip.simmons replied 9 months ago.


Customer: replied 9 months ago.
I am the neighbor and rent collector for the rental next door. The owner lives 9 hours away. The tenant has not paid the entire rent owed for September and now has not paid for Oct. Rent is 750.00 per month due on the 1st late after the 5th. $40.00 late fee plus $5.00 for every day late after the 6th. Anyway, Kathy the owner, was here and gave Justin the tenant a typed out notice today or quit for Sept. . It is not the form suggested online but she wrote out...all the facts that are on the form and delivered it to his room mate who did it is to Justin and he acknowledged receiving it. After this, she did the same notice to pay or quit for October which he didn't pay. He did not pay in three days....she then gave him a termination of tenancy and gave him until October 31st to move. He has told me he is not going to leave and he will have to take him to court. What looks right here and what looks
Expert:  philip.simmons replied 9 months ago.

Thank you
She will need to take him to court. Under CA law, ONLY a court can order eviction. So she will need to file an eviction case in the county court (the county where the home is located). Based on what you have described, since he did not pay the 3 day pay or quit notice, she can begin eviction proceedings.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
His attitude is he has nothing so what can she get from him....? He doesn't have a job. this does stay on his record for 7 years but will she ever get the money? how does that work?
Expert:  philip.simmons replied 9 months ago.

She can sue him and obtain a judgment...that would last for 10 years or more (it can be renewed). That would remain on his record for 7 or more years.

Expert:  philip.simmons replied 9 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding

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