Question: Our tenant’s lease is up in six weeks. Can we serve a 30-day notice at the beginning of the last month of their lease if we do not want to renew?
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Unless your lease requires a 30-day notice of intent not to renew, California law does not require either the tenant or landlord serve a 30-day notice to terminate a fixed term lease. If the tenant remains in possession after the lease expires without the landlord’s permission, an immediate unlawful detainer action can be filed.
Question: When not renewing a one-year lease, do I have to give the tenants a reason for not extending their lease?
Answer: California law does not require landlords to give their tenants a reason why they are not renewing the lease, unless the property is situated in a “just cause” rent-controlled jurisdiction.
Question: How can you enforce the pool rules where someone continuously leaves underage children in the pool area?
Answer: This is a safety issue and you should be able to address it. However, it needs to be handled carefully in order to avoid potential claims of discrimination based on familial status. If you encounter this type of situation, we recommend that you get specific legal advice from one of the attorneys in our fair housing practice group.
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.