State Specific Question About: CALIFORNIA (CA)

I have a tenant that moved in back in September 2017. She has been late with her rent December, January and February. Each time she has some excuse but she earns good money. Also, I require that my tenants use ClearNow for paying their rent. She has had two unsuccessful ClearNow rent debits due to insufficient funds. Now, ClearNow cannot successfully debit the $15 failed payment fee for February. This tenant is a serial late rent payer and I no longer want her as a tenant. I have done three 3-Day Pay or Quit notices. I offered her a Lease Transfer to avoid eviction and she did not respond.

I would check your state law. Cali is a little tough from what I hear.

Unconditional Quit Notices are the harshest of all. They order you to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:

repeatedly violated a significant lease or rental agreement clause

been late with the rent on more than one occasion

seriously damaged the premises, or

engaged in serious illegal activity, such as drug dealing on the premises.

We successfully evicted for habitual late payment. The first thing we did was send a letter to the tenant reminding them of the lease terms requiring payment by the 1st of the month. Then the next month when they were late, we sent them a three-day notice that they were in violation of the lease terms. They tried to pay after the three day expired and we refused payment and proceeded with the eviction. We hired a lawyer for that one because the tenant was very aggressive so we wanted to make sure every step was flawless legally. The tenant was counting on the court not evicting because he had offered and we had refused the late rent. The judge evicted. The tenant was astounded and angry and we had to go the full sheriff lockout route with him. It is doable but I recommend an experienced eviction attorney if you haven't done evictions before.

A late charge must reflect your costs/damages so at best any charges you incurred plus $10 to $20 might work. If she is on a year lease you are stuck until August 2018. If on a month to month then a 30 days notice and she will be someone else's problem.

Wow, it sounds like my previous deadbeat tenants might have moved into your place. Indeed, as Jim in OC noted, you're stuck for as long as your lease lasts unless they don't pay up after the third day after having received a POQ notice. If it's the latter, then you can swoop in and do what Kat did to get the tenant out legally. You could consider the attorney, Todd Rothbard, if you're in Norcal and if you have to file an eviction.

I had to do so many 3-day-POQ notices for consecutive months myself, and I really feel your pain. It became a game with the tenants in that they would have around 3 extra days to come up with the rent and not be charged late fees. A few concerns now are to hope that the tenant leaves the place in good shape after you don't renew the lease for another year.

By any chance did she show any warning signs of being a deadbeat?

This may sound harsh, but I want to give you an idea of what you are up against.

Your lease provision violates 1947.3. You cannot require electronic payments, period. There has to be a way to pay with a paper instrument.

If your required payment method is illegal, how do you intend to enforce payment of a debit fee?

Odds are the 3 day notices are also defective, and are not worth the paper they are written on.

Pamela,

You stated the problem - you gave three 3 day notices but did not follow thru. Did they pay with the 3 day notice?

We get what we allow.

Does your lease charge late fees?

Just because she makes good money does not mean she HAS good money...as you are experiencing.

My Landlordy-Sense tells me this is going nowhere so hire an eviction atty now and get this moving. It will only continue to drag out.

Offer her the Happy Clause to move out now before the atty bill is added to her debt, this hits her credit report, and other LLs will see the eviction filing and turn her away.

Keep is posted!

Pamela,

Sounds like you are getting your rent and a little extra.

Some people are just late, for everything!

If the automatic draft is her problem go to plan B - a deposit only account at your bank. She can walk into any branch to pay. NO PERSONAL CHECKS!!! and NO MAIL!!!

Wanna be right or rich? The rent is coming in. Take it and move on to something more pressing.

Dave Ramsey just posted that 78% of American households live paycheck to paycheck. Suggest the PayDayPlanRent to her. Many renters pay late because they must wait for the next paycheck. Nothing magical about the 1st. I want the rent when they have the money, plus we make more using the program.