Question: I recently purchased a triplex, and the escrow will be closing in a couple of days. The tenants are currently on a month-to-month rental agreement. Do I have to wait until the end of the month, or can I serve a 30-day notice as soon as I take possession of the property?
Answer: You can serve a 30-day notice at any time in a month-to-month tenancy. You do not need to wait until the end of the month. You are also entitled to rent for the 30-day time period. If all of the tenants in the unit have been a resident for more than one year, a 60-day notice is required to be served.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit.
Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. To convince a court that the damages were extraordinary, check-in and check-out records of the condition of the apartment, pictures, receipts and opinions from those who did the work make the job of determining ordinary wear and tear easier for the court to decide.
Question: I have filed an eviction against one of my residents for failing to pay rent for the last two months. I served the notice on a Saturday, and someone said I had to serve it on a business day. Is this person right?
Answer: No. A three-day notice for breach of the lease can be served on any day. The tenant has three full days to comply, but the last day of the notice must end on a business day.
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.