You know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
