How do I evict a tenant for non-payment of rent in California?
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I’m sorry you’re experiencing this. Here's what you should do, in keeping with state law (California Code of Civil Procedure (CCP) § 1161(2)):
- Serve the 3-Day Pay or Quit Notice to your tenant.
- If she doesn’t comply—either by paying or moving—you can then file for eviction at your local small claims court.
- Fill out and file the eviction complaint/petition.
- Serve the documents on your tenant officially.
- A judge will schedule a hearing to determine whether eviction is appropriate.
You are evicting your tenant due to non-payment. If needed, you can find an attorney via your local bar association or legal aid. Law schools also often have legal clinics that can help.
Let me know if you have any questions about this process.
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My tenant has been in an active mental health crisis where she is delusional about everything, and she has not paid the rent. She previously told me she’d move out on May 1st. Since she hasn’t been home for a week and hasn't paid rent, how do I evict her? She had a six-month lease, and it's no longer valid.
I’m sorry to hear about the situation with your tenant. Have you tried reaching out to her to discuss the unpaid rent and her plans to move out on May 1st?
Yes, I have. No response.
Do you have a written record of the communication where she mentioned moving out, or any documentation related to the lease?
No written record, just verbal.
Is there anything else the lawyer should know before I connect you?
I’m not sure.
Hello, my name is Charlie, and I’m a licensed attorney. I’m sorry you’re dealing with this, but I’ll be happy to assist. Please give me a moment to review your situation. Which state do you live in?
California.
Got it. How long has the tenant lived at your rental?
Two years on May 1st.
Understood. And her current lease has expired?
Yes, it was only for six months.
Got it. Is she just behind on April rent or more?
Just April.
Do you want her to vacate entirely?
Yes.
Understood. Have you posted a notice to vacate?
No. I’m not sure how to do this.
Is it a single-family home?
It’s a two-bedroom apartment. I printed a 3-Day Pay or Quit Notice—can I use it?
I’m sorry you’re experiencing this. Here's what you should do, in keeping with state law (California Code of Civil Procedure (CCP) § 1161(2)):
- Serve the 3-Day Pay or Quit Notice to your tenant.
- If she doesn’t comply—either by paying or moving—you can then file for eviction at your local small claims court.
- Fill out and file the eviction complaint/petition.
- Serve the documents on your tenant officially.
- A judge will schedule a hearing to determine whether eviction is appropriate.
You are evicting your tenant due to non-payment. If needed, you can find an attorney via your local bar association or legal aid. Law schools also often have legal clinics that can help.
Let me know if you have any questions about this process.
Thank you—this is helpful.
You’re very welcome. Glad I could help.
