Can I evict my tenant for not paying full amount of rent?

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I send 30 day rent increase (4%) notice to my tenant who is on month-to-month rent agreement. I didn't get any response from him. My unit is exempt from rent control. Last increase was more than 12 month ago. He continues to pay old amount. Can i take this case to a court for eviction?

Attorney Answers

2
Emilie Fairbanks ·
Yes, you can. If your lease contains a waiver of notice to quit you can file the papers immediately and if not you can serve a thirty day notice to correct or vacate for nonpayment of rent. If your tenant wants to challenge the rent increase he may do so by filing a tenant petition but just failing to pay any portion of the rent is nonpayment of rent and can be cause for eviction.
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Andrea Negroni ·
Double check the lease to make sure the tenant doesn't have the right to hold over or renew at the same rent. If he doesn't, nonpayment of full amount due is a breach and you can seek to evict the tenant.
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