What are my rights concerning eviction and what procedures must I follow if a tenant is late in paying the rent?
In Berkeley, a tenant may only be evicted for one of the enumerated good causes listed in the Rent Ordinance. Non-payment of rent is one such good cause. To begin an eviction, you must first serve the tenant a three-day Notice to Pay Rent or Quit. If the tenant pays the rent within the three-day period, you cannot go forward with the eviction. A landlord is not obligated to accept rent that is proffered after the expiration of a three-day notice; acceptance of any or all of the rent due after the expiration of a three-day notice would preclude you from proceeding with the eviction.
