Question: I have a resident who has bed bugs in his unit. He refuses to allow access to his unit so that we can start treatment. Can we evict him? Can we charge for the cost of treatment?
Answer: First, you need to send a notice to perform covenant or quit for refusal to allow access. If your resident fails to provide access prior to the expiration date of the notice, you can start the eviction process. As for charging the resident for treatment, if you can show that the resident is responsible for the infestation, you should be able to charge. It is important to have a professional pest control vendor who specializes in bed bugs that can provide you with a detailed report regarding the source of the infestation, how long the unit has been infested, and any other information which will help show that it was the resident who caused the infestation.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: Can I post a 24-hour notice to check to see if a tenant complied with a notice that was served (unauthorized occupant, unauthorized dog, etc…)?
Answer: No, California law limits the reasons in which a landlord can enter a unit. Under California Civil Code Section 1954, a landlord can enter a dwelling for the following reasons:
— In case of emergency
— To make necessary or agreed upon repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, or to make an inspection pursuant to subdivision (f) of 1950.5;
— Pursuant to court order.
Question: I served my resident a 30-day notice of termination of tenancy on the 15th of the month. My resident says I have to wait until the end of the month to serve the notice. Is that correct?
Answer: No. Under California law, either party can serve an appropriate 30-day notice of termination of tenancy any day of the month. Your notice will expire 30 days from the date you served the notice, so make sure you do not accept rent beyond that point.
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.