California Apartment Association

Legal Q&A: Lease about to end. Can I show the apartment?

Question: We have a tenant who gave us verbal notice to vacate the premises. How do we calculate the rent owed?

Answer: A verbal notice is of no legal effect. The time begins to run when the written notice was served. You are also required to attempt to relet the premises as soon as the tenant vacates to mitigate your losses.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: Can you require that a guarantor for a rental applicant own property or be on the title to real property?

Answer: Since you do not have to accept a guarantor, you can subject the guarantee to conditions such as requiring the guarantor to own property in California, live in the city where the rental is located, etc…

Question: I have tenants whose lease ends at the end of this month. Can I begin to show prospective tenants the unit while my current tenants are still under a lease?

Answer: You can show the property to prospective tenants at any time during the lease, upon giving reasonable written notice of intent to enter (24 hours is presumed reasonable under the law) and the entry is done during normal business hours.

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.