3 Days notice to pay rent or quit

Hello Pros

I’ve a question about 3 days notice. I’m in California. I’ve renter that alway cause the problem bringing by the traffic at night. This guy went to Jail for 2 weeks without paying. I was trying to do abandonment to him but he came back before time. I’m really want him out. He came by to pay for rent. My question is can I refuse to accept the rent and pursue the 3 days notice of pay rent or quit. What I’m saying is that. If I take rent from him I’ll have to serve him 30 days notice and wait for 30 more days. I was thinking of reject the pay since it is already half month late and take him to court after 3 days. Can it be done ? Please advice.

Thx a lot

If there is a lot of traffic coming & going at night, or anytime, and these are not the same people … odds are he is selling drugs. He could be whoring himself out to fat women or cutting hair to earn a living inside his (your) house, but about 90% of the time it’s good ol’ fashioned drug dealing.

You should get rid of him ASAP.

The first thing I would do, is call the cops and make them aware of your suspicions. Don’t call 911 - call the non-emergency switchboard and talk to someone in the actual narcotics department. This will at minimum put him on the radar of the police department.

Then, I would focus all your effort on getting him out of your property. The procedures to do that vary state by state, but in Dallas I would serve him with a 3-day notice for violating the terms of your lease by not paying for 2 weeks after when rent was due … and refuse his attempts to take his rent & late fees this late in the game. What he did was unacceptable, and violated the lease, period. I have done that before, and won in eviction court, so you can do that here in Texas. But in California things might be different.

He was in prison for 15 days. Is that a good enough reason to refuse his late pay ? On all California 3 days notice either 3 days pay or quit, or 3 days cure or quit. In there it always allow 3 days for the renter to correct. My real question is can we refuse the cure , or pay legally since I know I don’t want him no more.

If the form says that if he pays you rent he can cancel the termination notice, you have to accept it and serve him with a different notice; otherwise, he can just pay at the courthouse and the judge will throw the application out.

If he’s been in prison, isn’t there a specific form to evict him for committing an illegal act? There’s one in my area. Not sure about California. Maybe you got one and can evict him for whatever it was that made him go to jail for 15 days.

Where are you getting all these bad tenants from? I remember some of your other posts. Did you just buy the building? You need to screen these applicants better like verifying employment, running a credit check on them or criminal record checks. You can’t just let in the first guy who hands you money.

I’ve had a bad manager. He was gone a while ago. I’m now left with some bad tenant that need to be clean up. Yes, I also screen for the new renter record myself. Thx for you advice I then will take his pay first and serve him with the difference 3 days notice. I think CA have 3 days notice to quit. In fact you point out a good point since he is in prison it’s already breach the lease agreement that we are not allow illegal activity. I’ll have to do more research on what he is in prison for.

if he was “behind bars” for 15 days he wasn’t really in prison, he was probable in jail,big difference, prison is where you go for a long time for a felony, jail could be a DWI or some other misdemeanor,now it could be for a felony that he will go to court for later and he make bail after 15 days,but because someone is behind bars for 15 days don’t be assured he has been convicted of a felony

have the police give him a lot of attention at your apartment and he will want to move,