Evict for non-payment orf 60 day notice?

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Posted by Edwin on November 03, 2009 at 22:33:07:

I've got two options to get rid of a deadbeat tenant and am trying to pick the best one.

Tenant has been chronically late the past six months. Eventually pays, but not without a lot of effort from me. I'm sick of it.

He owes $600 for October and $285 for November. Got tossed into jail last week, and supposedly has some checks to cash, but obviously can't while he's in jail. His "GF" is cantankerous and uppity and makes empty promises to pay then doesn't. I could file for eviction, but the only danger is they may try to defend based on the house having a few repair needs. Nothing major, but even if they try to fight it and lose, it will still cost me about three weeks extra.

Option #2. 53 days ago I gave him a 60 day notice to terminate. In 7 days I can file for eviction if he's not out, and the tenant won't be able to successfully defend if there are any habitability issues. Actually, he can try any defense he wants, and it could still cost me an extra three weeks. The only difference is he'll probably lose because it's difficult to argue a 60 day notice to terminate. One reason I gave him the 60 day notice was I wanted the house empty so I could fix a few things.

This tenant deserves to be gone tomorrow, but I'm slightly worried a better strategy might be to be patient for seven more days, then file for the eviction. Any thoughts from anyone who might have similar experience?

I'm in California, if that makes a difference.


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