Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized pets. If you can prove the pets are still there after the notice expires, you can file for unlawful detainer.
Question: In assessing a late charge in a lease, is there a law stating how many days after the due date must expire before a late charge can be imposed?
Answer: California law does not prohibit a landlord from charging the tenant a bona fide late charge after the rent is delinquent. The rent is not delinquent unless one business day has passed at the time the rent became due. If the rent is due on the first and the first is on a weekend, a late charge could not be imposed until after the first business day expires.
Question: What happens when the lease expires? Is it assumed that the agreement goes month-to-month? Or should a new agreement be signed?
Answer: If the lease does not speak to renewal or reversion to month-to-month and the tenant remains in the premises with the landlord’s consent, the law will presume a month-to-month agreement if the rent is paid and accepted by the landlord. It then can be terminated by either side serving the other with a written 30-day or 60-day notice to quit.
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.