Landlord Can Terminate Your Lease Because of a Late Payment

Question: I received a three-day notice for nonpayment of rent for this month. After five days I was able to pay the rent, but my landlord refused to accept my payment, saying he had already filed an unlawful detainer against me. Even though I was late with the rent, my lease does not end for two months. Can the landlord end my tenancy during my lease?

Answer: Yes. A landlord can terminate a tenancy during a lease period if a tenant is in violation of any part of that lease. In your case, you violated the lease by not paying the rent on time or within the three-day time period.

A lease is a binding contract that details the terms and conditions of the tenancy and when signed, the tenant acknowledges that the content of the lease has been read, understood and accepted.

A landlord cannot terminate a tenant’s tenancy during a lease period if a tenant is not in violation of any lease condition. As an alternative, a tenant may offer to pay the past due rent along with the unlawful detainer filing fee, which was paid by the landlord; a landlord is not obligated to accept the offer. For additional information, contact your local housing agency.

Determining Who Pays for Carpet Damage

Q: When my tenant submitted his 30-day notice to move, he said there were several stains on his carpet due to an ink spill. I told him I would replace the carpet after he moved and that he would be responsible for payment of the carpet because he caused the damage. He disagrees with the charge, and says the carpet was old when he moved in.

Are there any circumstances in which I may be responsible for assuming the cost of the carpet even though the damage was due to a tenant’s negligence?

A: In general, tenant negligence that results in damage is the tenant’s responsibility, and reasonable wear and tear is the landlord’s responsibility. When a tenant reports damage, such as carpet stains, you may want to assess the whole situation in determining who should assume the repair cost.

One consideration is the age of the carpet. In this case, you should consult with several carpet dealers to determine the life expectancy of the carpet based on industry guidelines. If the carpet is beyond the life expectancy, you should have replaced the carpet regardless of the stain. The stain then would be considered reasonable wear and tear and is your financial responsibility for replacement.

For more information, contact your local housing agency.

Landlord Can’t Collect Double Rent

Q: One of my tenants moved and broke his lease last month because of a job transfer. I sent him a bill for the three months of rent remaining on the lease. He disagrees with the bill because a new tenant moved into the unit within one week. Don’t I have the right to collect the remaining three months of rent because the tenant broke his lease?

A: If a tenant moves out of the unit before the end of the lease, you have the obligation to try to re-rent the unit. You may not charge your prior tenant for the full remainder of the lease once a new tenant occupies the vacated unit. You cannot collect rent from two tenants for the same period of time.

The portion of the rent your prior tenant is responsible for is the one-week period in which no one occupied the unit. To pro-rate this week’s rent, divide the monthly rent by 30 and then multiply that number by seven, the number of days in a week. This amount as well as any advertising costs, if any, associated with re-renting the unit can be deducted from his security deposit. If more information is needed, contact your local housing agency.

Delay Door Painting Until You Are Home

Q: I received a notice from my landlord saying that all the front doors in my apartment complex are going to be painted. On that day, the landlord is requiring that we leave our front door unlocked so the door can be left open to dry properly. The notice states that the manager will patrol the area to ensure all units are secure.

I do not think the manager can protect the units, and I do not want to leave my door open while I’m at work. What are my options in this situation?

A: You need to advise the landlord that you do not feel comfortable in leaving your front door unlocked or open, even with the informal patrol service. You can offer to be present on the scheduled paint day and request that a specific time be set up for your unit. Perhaps the time for your unit can be scheduled to accommodate your work schedule.

If this is not possible on the exact day of painting, give your landlord alternative dates and times in which you will make yourself available to reschedule the painting.

When attempting to work out this matter, be sensitive to his needs to get the work done as quickly as possible.

Hopefully the work can be completed with little inconvenience to either of you.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area.