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 10 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.
Question: We normally keep original rental agreements, however, when would a copy not suffice?
Answer: The court requires the original unless it is lost; so you have to either produce it or testify under penalty of perjury that the original was lost without fraudulent intent. Court action is the main reason why you should keep originals.
Ted Kimball
Kimball, Tirey & St. John LLP
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.