Avoid Penalties by Giving Landlord Notice
Question: I rent a room in a private home and need to move in two weeks because of a job change. The landlady says I can’t move until she has received my 30-day notice. I’ve paid rent for this month and don’t want any of the rent returned. Is it true--can she keep me from moving?
Answer: No, you can move any time you wish but there may be financial consequences if your property owner wants, but doesn’t get, an advance notice from you. An advance notice (from either party) to end a tenancy is required unless the receiving party agrees to waive this requirement.
For month-to-month tenants, California Civil Code 1946 states that the time required for advance notice is governed by the amount of time between rent payments. For example, if you pay rent weekly, you must give (or get) at least seven days’ advance notice to move; if you pay rent monthly, you must give (or get) at least 30 days’ advance notice. However, this code prohibits notice of less than seven days regardless of the length of time between rent payments.
Since your property owner wants advance notice, she could charge you for rent beyond your early move-out date. To minimize additional rent charges beyond your move-out date, you should immediately give your property owner a move-out notice. Once this happens and you move, you are not responsible for rent beyond the 30-day notice or if the unit is re-rented before the end of your 30-day notice.
Your local mediation program should be able to help you and the property owner resolve this matter if both of you are willing.
Notices to Tenants Are Valid if Properly Served
Q: I own a rental duplex and have decided to require tenants to sign notices I give them so the notices are valid. One of the tenants has a boat parked in an area that blocks part of the driveway for the other tenants. When I asked him to sign a three-day notice to move the boat, he refused. Can’t I require my tenants to sign my notices?
A: There is no California civil code that requires a tenant to sign notices from the landlord, agent or property owner. The same is true for notices a tenant gives to his or her landlord, agent or property owner.
Notices are valid if they are completed and served properly. The notice you are referring to is a 3-Day Notice to Perform Covenant or Quit. This requires a tenant to correct a condition or violation, such as “relocate the boat or vacate the premises.” The best type of service for this notice is to hand it personally to the tenant. Once this occurs, service is complete and the tenant should correct the situation. Other types of service require two steps, such as posting the notice on the door or handing it to a third party, and then also mailing a copy by first-class mail to the tenant.
To avoid a potential disagreement regarding the time period needed to comply, if you do either of the two-step service types, it is wise to add five days to the time period for the tenant to comply. Keep a copy of all tenant notices.
Modify Rent Agreement to Encompass Late Fees
Q: Some tenants pay their rent late each month. Eventually they do pay, but I think their payment history should be on their credit report. Can I add this to their credit report or add a late fee?
A: There is no procedure to add a tenant’s rent payment history to a credit report unless you have a contractual relationship with a credit bureau or have obtained a money judgment through the court system. You are allowed to charge a late fee that closely relates to a financial loss you experience when the rent is paid late, but the amount must be part of the rental agreement. You can modify the rental agreement and add the late fee requirement with a 30-Day Change of Terms Notice.
The problem with late fees is that they are difficult to collect. If you send a bill for the late fees, the tenant may decide not to pay.
There is disagreement as to whether late fees can be deducted from a security deposit when a tenant moves. Civil Code 1950 does not include late fees as a deductible item. It may be necessary to pursue the collection of unpaid late fees through the small claims court process.
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, CA 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:
Bellflower: (562) 901-0808.
Carson: (888) 777-4087.
El Monte: (626) 579-6868.
Hawthorne: (310) 474-1667.
Lancaster: (888) 777-4087.
Long Beach: (562) 901-0808.
Pasadena: (626) 791-0211.
Redondo Beach: (888) 777-4087.
San Fernando Valley: (818) 373-1185.
South-Central Los Angeles: (213) 295-3302.
Westside Los Angeles: (310) 474-1667.
Orange County: (714) 569-0828.
San Bernardino County: (909) 884-8056.
Ventura County: (805) 385-7288.
