Question: I want to serve a three-day notice to pay rent or quit to a tenant who is very late on his rent. The rental amount listed on the lease is $875 plus $25 for parking. The tenant has paid the $900 for the past 24 months. Which amount should be placed on the notice?
Answer: It is safer to serve a separate three-day notice to pay rent or quit, as well as a three-day to perform conditions and covenants or quit for the parking charge at the same time. If they do not pay either one, or both, you can proceed with the eviction process.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: When a month-to-month resident decides to vacate after being served a three-day notice to pay or quit, do the owners have the right to charge for 30 days after the move-out to comply with their month-to-month agreement?
Answer: Yes, you can charge up to the time the premises are relet or 30 days from the date of their departure, whichever occurs first, so long as you make diligent attempts to relet the property.
Question: Our tenant gave a 30-day notice of termination, intending to move out on the 10th of the next month. Since the rent was due on the first of the month, can we require the tenant to have given 30-days’ notice on the first of the month?
Answer: Once you are on a month-to-month tenancy, either party can terminate it by serving a 30-day notice at any time. They are, however, responsible for the rent up to the date the 30-day notice expires, so they would owe pro rata rent for the following month.
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.