For a plaintiff/landlord to successfully win an unlawful detainer (eviction) case against a defendant/tenant based on non-payment of rent, the plaintiff/landlord must be able to show that the following elements have been satisfied:
- Plaintiff owns the property or has legal authorization from the owner of the property
- The property was rented to the defendant
- Under the terms of the rental agreement, the defendant was supposed to pay X amount of dollars per month, and has failed to pay the rent
- Plaintiff properly served defendant with a 3 day notice to pay or quit
- As of the date of the 3 day notice, at least the amount stated in the 3 day notice was due
- Defendant failed to pay the amount stated in the 3 day notice within 3 days after being properly served with the notice
- Defendant is still in possession of the property
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.
