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Can I give my tenant a 3 day notice to pay her deposit or quit in the State of California?

  • I do not have a security deposit on my property for my new tenant. The reason for this is, she fulfilled the remaining 3 months of my old tenants lease so that he could move and get married. Originally, the old tenant verbally agreed to transfer his security deposit to the new tenant which is his neice and have her pay him monthly installments. At the end of his lease agreement, he decided that he wanted his security deposit back, less damages. His deposit was 750.00 and we gave him 550.00 because there were some damages. Since his neice was already in the place and was not prepared to pay the deposit at that time, we agreed that she would pay her deposit in two installments. On June 15th, she was scheduled to pay her first installment but she has not. We have communicated to her the importance of this but she is totally avoiding us now. So, with that I ask, Can I give my tenant a 3 day notice to pay her deposit or quit in the State of California? Also, I just learned that she lost her job and she will probably not be able to pay the rent. We never signed a new lease agreement, therefore the agreement is verbal. I was wondering if I have to provide a grace period for her to pay the rent (ie. 3 days, 5 days) before I give her a 3 day notice to pay rent or quit. I will only do this if I cannot give her a 3 day notice to pay rent or quit for the deposit. Thank you in advance for your answers.

  • Answer:

    Yes you should give notice, but she is under no obligation to leave. You would have to go to court and evict her. This as you know could take take 60-90 days. Maybe talking to her and giving her notice to leave by end of current month will work. Pray she is ignorant. In court you will be the loser because you did not have her sign a lease. You will be considered the professional who should have done things correctly.

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First, did your tenant ever agree to pay a deposit? Obviously when she first moved in, you explicitly said that no deposit was required because uncle would take care of it. Later you & uncle made an agreement where the deposit would be returned to uncle. Fine, but was niece involved in this agreement? If not, you cannot bind niece to this agreement. You say "we agreed that she would pay the deposit..." But who is "We?" If it is you and uncle, then you have no right to collect a deposit. Unless"we" includes niece, you cannot collect a deposit. But you can always begin an eviction if tenant fails to pay rent. California does not mandate a grace period, but it is always in your interest to allow an extra day or two for tenant to pay the rent.

Although I would think she would want a lease also, because I think you may be able to just call the police and say I need this person out of my house. There is no lease that says she obligated to rent that place.

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