California Apartment Association

Question: We have added a number of clauses to our rules and regulations addendum and wish to have our tenants sign the new form, as well as the CAA addendum about mold. How do I proceed?

Answer: If you are on a month-to-month tenancy, you can unilaterally require they abide by the new terms by properly serving a 30-day notice of change of terms of tenancy and attaching the mold addendum to it. If they are on a fixed-term lease, you must wait until the lease expires for them to renew and sign a new lease with the mold language contained therein.

Question: We are terminating a month-to-month tenant who has rented the property for over 15 years. We gave the tenant a 60-day notice and the tenant acknowledged this and initially thanked us for giving them more than 30 days notice. Now the tenant is demanding an additional 30 days due to their new residence not being ready in time. We have already made other commitments for the property. We stated we cannot extend more time. The tenant states that they are entitled to the extension because they have rented the property for over ten years. Where do we stand?

Answer: They are wrong, you are right. If the notice was properly filled out and served, you can commence eviction procedures immediately upon termination of the 60-day notice. Do not accept rent beyond that date.

Question: How must a notice be posted on the door?  I have had three different methods used by three different management companies in a sealed envelope adhered to the door, folded and stapled and adhered to the door, and open-faced adhered to the door by taping on all four corners.  Can all methods be used legally?

Answer: The law requires the notice be posted in a conspicuous place.  We therefore recommend you post all four corners with thumbtacks or tape, so long as it is secure, and mail the other copy the same day by normal mail. We also advise to turn the notice to face the door for privacy concerns.

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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