Tenant has not paid rent for month of August which was due Aug. 1st. Landlord served 3-day Notice to Pay or Quite on tenant on Aug. 6th. Tenant let landlord know she is moving out / landlord requested written notice and received certified notice but tenant has not paid rent for Aug.
Question: can landlord proceed with eviction before end of Aug.

Certainly... and they can sue the tenant for any unpaid rent as well as damages beyond normal wear and tear. If there is an unexpired signed lease... they can go after future rent until the property is rented out or until the lease period expires, whichever comes first. Assuming they make a reasonable effort to rent it.

When can landlord file Summons & Complaint on tenant for non-payment of rent in CA.

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Originally Posted by smoothy

Certainly... and they can sue the tenant for any unpaid rent as well as damages beyond normal wear and tear. If there is an unexpired signed lease... they can go after future rent until the property is rented out or until the lease period expires, whichever comes first. Assuming they make a reasonable effort to rent it.

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Thank you for your quick response - another question: how soon after the 3-Day Notice To Pay Or Ouit expired can the filing of the Summons & Complaint be done? Note: Tenant sent landlord a 30-day notice to move but did not pay rent.

Their notice to leave does not relieve them of the legal obligation to pay rent. The Landlord can and should file 3 days later... if they failed to respond to the pay or quit.

If its 30 days or 60 days to evict depends on where in CA and how long they were living there. Keep in mind it may take longer than that date to actually get a court date so this is likely to drag out sometime longer.

Is this a trick question? LL served tenant with a 3-day pay-or-quit notice on August 6. Tenant didn't pay the August rent on or before August 6th (or any time thereafter). On August 7 (or August 9, because August 7 was a Friday), LL could file for eviction. LL still can file.

I don't see that tenant's written notice of intent to move out would have anything to do with it.

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Originally Posted by Coslyn

... another question: how soon after the 3-Day Notice To Pay Or Ouit expired can the filing of the Summons & Complaint be done? ...

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3 days from service of the notice (or immediately after the three days has expired). Thus the phrase "3-Day Notice to Pay or Quit".

A 30 day notice, given after the 1st, means you are planing to stay at least a few days into the next month. (does the rental agreement even allow giving notice that is not for a full rental period?)

But the landlord is most likely at the courthouse on day 4 after the 3 day notice to file. They want to be sure, to have formal eviction papers, and a court order for payment of rent before the people move out.

As noted, the landlord can go to court to file for an eviction order, on the 4th day (or first business day after the 3 day deadline). Why would you think otherwise?

However, from a practical matter, the length of time it will take for the process to wind the way through the courts, will probably give you time to find a new place and move.

That still doesn't mean you won't owe the landlord. He can still file suit if the deposit is not enough to cover what is owed.

And if suit is filed, any credit check will pick it up. Pay the rent then move.