Question: We served a three-day notice to pay rent or quit. What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving the tenant. I would, in general, not wait more than one week.
Question: There is a very loud tenant in the apartment building across the alley from our rental. I have asked them to quiet down on numerous occasions and have even called the police.They keep playing their music late at night and into the wee hours of the morning. What else can we do?
Answer: TYou should continue to contact the police when unreasonable disturbances occur and consider contacting the owner of the property to inform him or her of the situation. The owner may not be aware of the problem.
Question: After a lease expires and it is month-to-month, how much notice must a tenant give me in order to legally terminate the lease? He says one week. Is this true?
Answer: In California, 30 days’ written notice is required to terminate a month-to-month tenancy and can be served by either party at any time during the tenancy. If all of the occupants have been in possession for one year or longer, the landlord must serve a 60-day notice.
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.