My question involves an eviction in the state of: California
I'm actually helping my landlord who barely speaks English; she wants to get rid of tenants that have not paid rent - that would be the simplest 3-day notice to quit or pay to file and to help her with. However, they're a giant pain in everyone's neck (harassed last tenant till he quit - now they're doing the same to me) and I'm pretty sure they've broken the lease because each time they have not paid rent, they had to pay a 50 dollar late fee, which they did not. They also only paid half (or third) of the deposit. However, the 3-day notice to quit or pay in CA is about rent ONLY - it's very clear on the site about that. Violation of lease is another form. And harassing tenants (they do this by basically locking me out of the bathroom) is a 3rd form (this one is called "3-Day Notice to Quit This kind of notice is used if there have been ongoing problems with a tenant who: Causes or allows a "nuisance" on the property;") but I think it would be hardest to prove given her English (she really doesn't want to go to court/is the nicest landlord I've ever had, which is the only reason I am giving 2 shits about this - last thing I want is dealing with the courts (I'm going through some of my own stuff that's way more important).
Anyway, so according to CA website, she'd have to file "3-Day Notice to Perform Covenants or Quit" (the covenants would be the late fees, paying the deposit I presume and maybe some other stuff; I haven't looked at their lease - not sure if it's legal for me to do so - the former two are the only ones she's described) in addition to pay rent one if she wants all her money (they specifically mention that late fees are not part of the pay rent or quit notice.
Okay so basically, we're both 100% sure they won't pay, which I thought gave them 5 days to leave but looking at forms CM-010, SUM-130, UD-100 and POS-010 - and reading a little more - it looks like it will be more complicated. So long story short - would she need to serve them with two copies of each of the latter 4 forms after the 3 days are up for each of the 2 3-day notices?
Should she maybe only serve them with 1 3-day notice (pay rent or quit-simplest one) and then serve the other after? But this part is confusing since this wouldn't be possible if they do leave (she'd have to do small claims to collect deposit and the late fees etc.). Should I maybe stay out of it myself heh? I actually move around so much that I've had maybe 20-30 landlords and never one like this - and they're basically taking advantage of her being nice and not speaking English, but she's not rich or anything so 2k in back-rent is a big hit for her. Plus losing the last tenant was a big hit too (I suspect they harassed him because he spoke her native tongue - I'm not really sure why they're harassing me.. I'm either never here or never make noise.. but I digress).
Any advice is appreciated.
My reason for asking by the way is not to do this with her - but to show her the process and explain it as best as I can (she also has friends who can translate); I may help her fill out the 3-day forms but that's about as far as I'm going to go. I just want to know if I should explain that yes you'll have to file like double (or if she decides to do all 3 - triple) the forms or not.
addendum: Somewhat separate or maybe related issue - she likes to ask for a 2 month notice prior to leaving for month to month people (i.e. me and another tenant - I'm changing my month to month to a lease just because I prefer that but out of curiosity - is that 'legal' in CA - everything I can find states tenant must only give a 30 day notice under a month to month lease - so if the 'lease' states you have to give a 60 day notice, isn't that just a 2 month lease that turns over into a month to month one after 2 months?)
I'm actually helping my landlord who barely speaks English; she wants to get rid of tenants that have not paid rent - that would be the simplest 3-day notice to quit or pay to file and to help her with. However, they're a giant pain in everyone's neck (harassed last tenant till he quit - now they're doing the same to me) and I'm pretty sure they've broken the lease because each time they have not paid rent, they had to pay a 50 dollar late fee, which they did not. They also only paid half (or third) of the deposit. However, the 3-day notice to quit or pay in CA is about rent ONLY - it's very clear on the site about that. Violation of lease is another form. And harassing tenants (they do this by basically locking me out of the bathroom) is a 3rd form (this one is called "3-Day Notice to Quit This kind of notice is used if there have been ongoing problems with a tenant who: Causes or allows a "nuisance" on the property;") but I think it would be hardest to prove given her English (she really doesn't want to go to court/is the nicest landlord I've ever had, which is the only reason I am giving 2 shits about this - last thing I want is dealing with the courts (I'm going through some of my own stuff that's way more important).
Anyway, so according to CA website, she'd have to file "3-Day Notice to Perform Covenants or Quit" (the covenants would be the late fees, paying the deposit I presume and maybe some other stuff; I haven't looked at their lease - not sure if it's legal for me to do so - the former two are the only ones she's described) in addition to pay rent one if she wants all her money (they specifically mention that late fees are not part of the pay rent or quit notice.
Okay so basically, we're both 100% sure they won't pay, which I thought gave them 5 days to leave but looking at forms CM-010, SUM-130, UD-100 and POS-010 - and reading a little more - it looks like it will be more complicated. So long story short - would she need to serve them with two copies of each of the latter 4 forms after the 3 days are up for each of the 2 3-day notices?
Should she maybe only serve them with 1 3-day notice (pay rent or quit-simplest one) and then serve the other after? But this part is confusing since this wouldn't be possible if they do leave (she'd have to do small claims to collect deposit and the late fees etc.). Should I maybe stay out of it myself heh? I actually move around so much that I've had maybe 20-30 landlords and never one like this - and they're basically taking advantage of her being nice and not speaking English, but she's not rich or anything so 2k in back-rent is a big hit for her. Plus losing the last tenant was a big hit too (I suspect they harassed him because he spoke her native tongue - I'm not really sure why they're harassing me.. I'm either never here or never make noise.. but I digress).
Any advice is appreciated.
My reason for asking by the way is not to do this with her - but to show her the process and explain it as best as I can (she also has friends who can translate); I may help her fill out the 3-day forms but that's about as far as I'm going to go. I just want to know if I should explain that yes you'll have to file like double (or if she decides to do all 3 - triple) the forms or not.
addendum: Somewhat separate or maybe related issue - she likes to ask for a 2 month notice prior to leaving for month to month people (i.e. me and another tenant - I'm changing my month to month to a lease just because I prefer that but out of curiosity - is that 'legal' in CA - everything I can find states tenant must only give a 30 day notice under a month to month lease - so if the 'lease' states you have to give a 60 day notice, isn't that just a 2 month lease that turns over into a month to month one after 2 months?)
Eviction Notices: Do I Have to Serve 2 3-Day Notices and Go Through the Process Separately for Each
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