Is a 15-Day Notice to Terminate Lease Legal?
QUESTION: I’m thinking of signing a month-to-month agreement with a property management company. Upon reviewing the rental agreement, I noticed that they give only a 15-day notice to terminate a tenancy. I thought the law called for 30 days. Who’s right?
ANSWER: You both are. Under California Civil Code 1946, the required termination time is determined by the length of time between rent payments--that is, if you pay rent every 30 days, you may give or receive at least 30 days notice for termination. However, a shorter amount of notice (for example, 15 days), but not less than 7 days, is acceptable only if both you and your property manager agree to this in writing at the beginning of the tenancy. If you disagree with the 15-day notice period, tell the manager what you want. As a fall-back position, you may suggest a compromise somewhere between the 15 days she wants and the 30 days you desire. If the manager refuses, and you feel this issue is important to you, do not sign the agreement; find another apartment where the rules are more acceptable to you. If necessary, contact your local housing mediation program for assistance.
What Can Be Done About Noisy Tenant?
Q: I have a noisy tenant who is a continual irritation. Because of him, several of my other tenants are threatening to leave when their leases expire. Unfortunately, he has a two-year lease. I want to add a 30-day termination clause to the lease. What forms do I use?
A: Sorry. The terms of an unexpired lease cannot be changed without your tenant’s approval. There are two ways to mutually change a lease. The first is to add an addendum to the existing lease; this addendum must be initialed by both parties to be enforceable. The second is to rewrite the lease entirely with all changes incorporated. This lease also must be signed by all parties. If your tenant does not approve of the changes, the lease can only be changed following its expiration.
Generally, termination notices cannot be issued during the lease period, unless there has been a serious breach of the lease. Consider giving a three-day notice to perform or quit, specifying the excessive noise as your reason. If the disturbances continue, consider a court eviction. You might also want to try mediation to avoid the unpleasantness of legal action.
Three-Day Notice Is Longer Than It Seems
Q: I have a tenant who is late with his rent most of the time. How much time after receiving a three-day pay or quit notice does my tenant have to pay me the rent?
A: If the three-day notice was personally handed to the tenant (called personal service), the three-day count begins the day after the notice is served. If the notice is handed to someone other than your tenant (substitute service), or is posted on the door (post and mail), you most send a copy of the notice to the tenant by first-class mail. If you do use the substitute service, allow an additional five days, so the tenant now has eight days to pay the rent.
Because there is a difference of opinion over whether Section 1013 of the Code of Civil Procedure extending service by mail for five days applies, you may wish to consult an attorney. To be conservative, if you use the post and mail method, you should allow an additional five days, so that your tenant would have a total of eight days to pay the rent.
No matter how the notice is served, you do not count the day of service, and if the third (or eighth) day is a holiday, Saturday or Sunday, the time for payment is extended to the next business day. For example, a personal service notice served on Wednesday will expire the following Monday since the third day is Saturday. If the rent is not paid within the time allowed, you can begin eviction proceedings the day after the notice expires.
This column is prepared by Operation Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 582-B Dunholme Way, Sunnyvale, Calif. 94305, but cannot be answered individually. For help in the Los Angeles area, call the Westside Fair Housing Council at (310) 477-9260.
