Q) What is the earliest that I can serve a "3-Day Notice to Pay Rent or Quit"? For example, if the rent is due on the 1st, what is the first possible day that I can serve the notice? My lease allows for a five day grace period.
A) You can serve a notice the day after rent is due. Therefore, if the rent is payable on the first, you can serve the notice on the second. The exception to this rule is if the first is on a Saturday, Sunday or legal holiday. If that is the case, the due date would not occur until the following day and the notice could be then be served one day thereafter.
Tuesday, June 30, 2009
Tuesday, June 23, 2009
Q and A with Prop West
Q) I had a pipe burst in the unit, which has caused damage to my rental. My tenant refuses to cooperate with my reasonable and prompt efforts, what should I do?
A) Civil Code Sect. 1941.1 imposes on the landlord the DUTY to maintain the rental premises in a habitable condition. If your tenant won't cooperate with your reasonable efforts to make repairs, it is a fair inference that your tenant is trying to obtain an undeserved rent concession from you. Serve your tenant with a "Notice of Intent to Enter..." You should post this notice on the door stating the date, time and reason why you are entering the premises. The work should be done Monday-Friday, during normal work hours of 9:00 am to 5:00 pm. If there is no answer at the door, you may use your passkey. If that does not work, you may call a locksmith. If the tenants is there and refuses your entrance, call the local police. Do whatever it takes to get the problem fixed. Only by doing this can you "cut off" your tenant's claim for rent concessions. Civil Code Section 1954 gives you an absolute right to get in and do the work, with a written notice.
(taken from AOA magazine; May 2009)
A) Civil Code Sect. 1941.1 imposes on the landlord the DUTY to maintain the rental premises in a habitable condition. If your tenant won't cooperate with your reasonable efforts to make repairs, it is a fair inference that your tenant is trying to obtain an undeserved rent concession from you. Serve your tenant with a "Notice of Intent to Enter..." You should post this notice on the door stating the date, time and reason why you are entering the premises. The work should be done Monday-Friday, during normal work hours of 9:00 am to 5:00 pm. If there is no answer at the door, you may use your passkey. If that does not work, you may call a locksmith. If the tenants is there and refuses your entrance, call the local police. Do whatever it takes to get the problem fixed. Only by doing this can you "cut off" your tenant's claim for rent concessions. Civil Code Section 1954 gives you an absolute right to get in and do the work, with a written notice.
(taken from AOA magazine; May 2009)
Tuesday, June 16, 2009
Q and A with Prop West
Q) My tenant gave me verbal notice that she was going to vacate by the end of May 2009. She further stated that she was not going to pay May rent since she was vacating and told me to use the security deposit to cover the rent. What should I do?
A) Serve your tenant a 3-day notice to pay rent or quit. If your tenant does not pay, you can proceed to evict your tenant for non=payment of rent. In this situation you can never be sure the tenant will actually vacate at the end of the month. Many tenants serve their landlord a 30-day notice, with no intention of moving. This is done in hopes that the landlord will delay any action for 30 days.
(taken from AOA magazine, May 2009)
A) Serve your tenant a 3-day notice to pay rent or quit. If your tenant does not pay, you can proceed to evict your tenant for non=payment of rent. In this situation you can never be sure the tenant will actually vacate at the end of the month. Many tenants serve their landlord a 30-day notice, with no intention of moving. This is done in hopes that the landlord will delay any action for 30 days.
(taken from AOA magazine, May 2009)
Tuesday, June 9, 2009
Q and A with Prop West
Q) My former tenant filed a small claims actions against me for failing to return her security deposit. I sent an itemization within the 21-day period. I did not return anything because of damages and unpaid rent. At the hearing, the judge gave my tenant all of the security deposit back for no apparent reason. What can I do now?
A) Your next step is to appeal the small claims court judgement. You must do so within 30 days of the date that the judgement was entered. Your appeal is actually a new trial of the original small claims case and will be heard by a different judge. The plaintiff must prove her case, and you can defend. This time, however, you are allowed to have an attorney representing you at the new trial.
(taken from AOA news; May 2009)
A) Your next step is to appeal the small claims court judgement. You must do so within 30 days of the date that the judgement was entered. Your appeal is actually a new trial of the original small claims case and will be heard by a different judge. The plaintiff must prove her case, and you can defend. This time, however, you are allowed to have an attorney representing you at the new trial.
(taken from AOA news; May 2009)
Tuesday, June 2, 2009
Q and A with Prop West
Q) I recently found out that my tenant lied on his application. He told me that he had never been evicted and I have now found out that he was evicted twice before. I really do not feel comfortable with this person in my building. This is a rent controlled building. Is this grounds for eviction?
A) Misrepresentation on an application would not be grounds for an eviction unless there is a term in your rental agreement that states: "Misrepresentations on an application will be considered a material breech of this rental agreement."
(taken from AOA News; March 2009)
A) Misrepresentation on an application would not be grounds for an eviction unless there is a term in your rental agreement that states: "Misrepresentations on an application will be considered a material breech of this rental agreement."
(taken from AOA News; March 2009)
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