Question: The previous owner of an apartment building I recently purchased allowed the tenants to pay half a month’s rent on the first and the other half on the 15th of the month. The lease, however, says it is all due on the first and I want to enforce the lease. What, if any, legal problems do I face?
Answer: California judges may find that there has been a modification of the payment terms of the agreement by “mutual consent and execution” of the new payment terms. Many leases have a provision which states that one waiver of strict enforcement of the terms does not constitute continuous waiver for subsequent breaches. If the agreement contains this clause, the court should rule that the rent is all due on the first of the month.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: One of our tenants is complaining about the carpet and says it is California law that the carpeting must be changed every seven years. Have you heard of any law on this subject?
Answer: California law does not require landlord to replace carpeting unless the condition of the carpet creates a health hazard or risk of injury.
Question: When tenants give notice that they will be vacating the residence, is it permissible for me to give them a notice stating that I will be advertising the vacancy and will be showing their apartment?
Answer: Unless the tenant agrees to another arrangement, you would be required to give reasonable notice (24 hours) in writing for every entry.
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.