Page 71 - AAGLA-JULY 2022

Member Update
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Question: I served a three (3)-day notice to pay rent or quit to one of our tenants. I received a partial payment within the three-day period. Do I have to serve another notice for the remainder of the rent or is the notice still good?
Answer: Under California law, a residential landlord who accepts partial payment of rent demanded on a three-day notice is required to serve a new notice for the balance owed. If you wish to proceed with eviction, you should not accept a partial payment.
Question: How do we get rid of tenants who have filthy units? They always pay on time.
Answer: If the condition of a residential tenant’s apartment unit is creating a health or fire hazard, the landlord should take steps to require the hazard be removed, or if necessary, terminate the tenancy and evict. If the condition does not amount to a health or fire hazard, you may elect to serve a thirty-day notice to terminate a month-to-month tenancy, or if the lease is a fixed term, do not renew. If the tenant could have a disability called “hoarding,” you should seek legal advice before proceeding.
Question: One of our tenants informed me residential landlords must replace carpeting every five (5) years. Is this true?
Answer: No. California does not have specific requirements for replacing carpets or any condition of the unit so long as it remains in a habitable condition, which means free from substantial health or safety hazards. So long as the carpet does not have holes or tears it is in habitable condition, if it can be repaired that is acceptable.
Question: How long should we retain old leases at our apartment complex? I have heard two years, is this correct?
Answer: The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy.
Question: Oneofourtenantsisbuyingahomeandgaveusa thirty(30)-daynotice. Nowtheywanttoextendescrowfifteen (15) more days beyond the thirty-day period. They are willing to pay for the additional rent. Should we require a new thirty- day notice from the tenants?
Answer: If you agree to the additional fifteen (15) days, agree in writing to extend the thirty (30)-day notice period to expire on midnight on the agreed extension. The writing should provide for any additional payment and specifically state that the thirty days’ notice is not waived. Otherwise, the court may believe that you waived your right under the thirty-day notice by allowing the tenant to remain in possession and paying rent beyond the thirty-day notice period. If the tenant will not sign, then do not accept the additional time and proceed with eviction.
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 seek legal advice. For contact information, please visit our website. www.kts-law.com. © 2022 Kimball, Tirey and St. John LLP.
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