California Apartment Association

Question: After a lease expires and it is month-to-month, how much notice must a tenant give me in order to legally terminate the lease? He says one week. Is this true?

Answer: In California, 30-days written notice is required to terminate a month-to-month tenancy and can be served by either party at any time during the tenancy. If all of the occupants have been in possession for one year or longer, the landlord must serve a 60-day notice.

Question: Someone told me that if a resident is committing a crime on the premises they can be evicted in three days.  I have never heard of this law and I rent to someone I suspect is dealing in drugs. Can you tell me more about it?

Answer: California law does allow an owner or manager of rental property to serve a three-day notice to quit the premises based upon the commission of an illegal act on the property. The illegal conduct must, however, relate to the rented property. For instance, if you can prove your tenant was dealing with or possessed illegal drugs on the premises, you could serve the three-day notice. If the tenant failed to quit, an unlawful detainer action could be filed in court to recover possession.

Question: One of our tenants just vacated the premises but left a large amount of personal property behind. Included was a locked chest. What should I do? Can I tell my tenant that I will give him back his property when he pays me for the rent he still owes me?

Answer: If a resident leaves behind abandoned personal property after surrendering possession of the rental unit, the landlord is protected by California law if they keep the property safe for a period of 18 days from the date a notice of abandonment of personal property is mailed to the tenant’s last known address. If the tenant claims the property, the only condition of release is that the tenant pay reasonable storage costs, but only from the date the owner regained possession of the rented premises. If the property is not reclaimed and if the property is worth less than $700, it can be disposed of in any manner. If its value is greater than $700, then the property must be sold via public auction.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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