APARTMENT LIFE : What to Do If Tenant Doesn’t Pay All the Rent

QUESTION: I recently took on a renter in the San Fernando Valley duplex I own. While the rent is $350, last month she only paid me $250, which left me with $100 unpaid.

I told her that I was taking $100 out of her security deposit to pay the balance of the rent, but if she didn’t plan on paying the rent again this month, that I would give her a three-day notice to pay rent or quit.

Can I evict my tenant on the grounds that she did not pay the rent in full for the month or must I take the $100 out of the security deposit to pay the rent?

Also, if I can evict the tenant, must I wait until the first of the month to serve her a three-day pay-rent-or-quit notice and where do I locate such a notice?

Finally, must I legally serve her a 30-day notice to move, no matter what the circumstances?

ANSWER: You may almost always evict a renter for nonpayment of all or a portion of the rent. Except and unless there are habitability problems.

And while the law permits you to use security deposits to pay for unpaid rent, it’s not the best way to go, unless the renter has already moved out of the premises owing you rent. That’s the time to apply security deposit money to unpaid rent.

First, about serving a 30-day notice, you should never serve such a notice in conjunction with a three-day pay-or-quit notice. Here’s why:

A three-day pay-or-quit notice gives a renter the options of paying the rent within three days or moving out in three days. Serving a 30-day notice to quit, which says to the tenant she must move within 30 days, at the same time as the three-day notice, will confuse the tenant.

Similarly, the two notices used together will confuse a municipal court judge, should the situation go as far as an eviction.

Now that I’ve told you what not to do, let’s look at how you should proceed. Serve the tenant with a three-day notice to pay rent (the $100 balance owed) or quit. You may serve the notice any time after the rent is late. Rent due on the first is late on the second, unless the first is a Saturday, Sunday or holiday. Then the rent becomes due on the next business day, and late the following day.

If, after you serve this renter the three-day notice, she doesn’t pay the rent or move out, get yourself a good eviction attorney.

Can Landlord Legally Enter Apartment?

Q: The landlord came into my Santa Monica apartment last night without my permission while I was out to dinner. First, I don’t think he can do that, especially in Santa Monica. Can he? Second, now my expensive watch is missing. I think he stole it. How can I get it back, or, at least, sue him?

A: In California, apartment owners are required by law to give renters advance notice of their intent to enter unless there is an emergency. The notice must be in writing and must be served at least 24 hours prior to entering during normal business hours.

The state’s definition of “emergency” is nebulous, however. If an owner, acting reasonably, has reasonable cause to suspect that there is an emergency (water coming from underneath the door, smoke pouring out of the windows, etc.), he may enter.

Since you don’t indicate in your letter whether or not there was an emergency, it’s hard to say whether or not your landlord had a right to enter last night.

Now, as to the missing watch, you might want to consult a lawyer. If your landlord is smart, he entered your apartment with a disinterested third party accompanying him as a witness to avoid this kind of problem.

Where to Obtain Bad-Check Package

Q: I read somewhere that there is a California law that allows up to triple damages for collection on a dishonored check. If so, where can I get a copy of that law?

A: The state law you refer to was authored by San Fernando Valley Assemblyman Richard Katz, who will be happy to provide you with a copy of the law. Katz’s office will also include a general information “bad check package,” which includes a sample letter on how to request that the check issuer make good on it and how to’s on collecting. To get the package, write to: The Honorable Richard Katz, Assemblyman, 9140 Van Nuys Blvd., No. 109, Panorama City, Calif. 91402

Tenant May Deduct Repair From Rent

Q: I had a leaky faucet for three months in my Los Angeles apartment when I finally called in a plumber to fix it. I had advised the owner in writing of this condition three separate times during this whole episode. Now, the owner doesn’t want to pay for the repair because he says he could have fixed it himself in five minutes. What can I do, or do I have to bear this expense?

A: California’s “repair and deduct” law seems to be tailor-made for your situation. Under the law, a renter may make repairs on his own after notifying the owner of a problem in writing, as you did. After notification, the owner has three days to fix emergency problems and 30 days for others.

The remedy is available to renters as often as needed. However, the amount you spend is limited to one month’s rent per year.