1.      Is your three day notice to pay rent or quit valid?  Among other things, a three day notice to pay rent or quit must state the actual amount of rent due (residential) or provide a reasonable estimate of the amount of rent due (commercial).  In addition the 3 Day Notice must provide an address and time during which the amount claimed to be due can be paid.

2.      Do you really want to evict the tenant?  This question obviously depends on the issue the tenant is creating – failing to pay rent, creating a nuisance, etc.  Sometimes in makes sense to make concessions to a tenant who is causing only a minor problem but has a history of paying rent on time for many years.

3.      Where to file it?  In Los Angeles the unlawful detainer should be filed with the district where the property is located.

4.       Do you have a right to recover attorneys’ fees?  Most commercial and residential leases have an attorneys’ fee provision that permits the prevailing party (the winner) to recover its attorneys’ fees at the conclusion of trial.  This can make it easier on the landlord’s budget if there is a hope of recovering attorneys’ fees from the tenant. 

5.      Will the tenant agree to vacate the premises voluntarily?  Sometimes tenants are ready to leave a property and the landlord can negotiate an early termination.  This helps save the landlord the cost and inconvenience of having to initiate an action against the tenant.