California Apartment Association

Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who are now at the point of wanting to vacate because of these complaints. What should I do?

Answer: If the disturbances are major and continuous, the court may grant an eviction based upon a three-day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must be severe, and there must be witnesses to prove your case in court if the case is contested.

Question: If you state in the month-to-month contract that rent is due on the first of each month, but there is not a late charge until after the 10th, can the resident pay every month on the 10th?

Answer: The rent is delinquent the day after the rent is due. Provided that the day the rent was due was a business day, a three-day notice to pay rent or quit can be served the next day, even though the late charge is not yet in effect.

Question: I have a prospective tenant whose company will pay his rent as a perk to his job. Who must sign the lease?

Answer: It is our strong advice to have both the company and the individual sign the lease. If the employment is terminated you would have a stranger in your unit without a signed lease.

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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