3-Day Notice to Pay Rent Won’t Affect Tenant’s Credit
Question: I had to give one of my tenants a three-day notice to pay rent. She paid the rent on time but asked if the notice to move would appear on her credit report. Being a fairly new resident manager, I didn’t know the answer to her question. Do you?
Answer: A 3-Day Notice to Pay Rent or Quit is a standard rental form used by landlords or their agents to notify tenants that their rent is past due. These notices, along with 30-day notices to move, do not appear on credit reports and therefore do not affect a tenant’s credit as long as the tenant fulfills the condition of the notice, i.e. pays the rent or moves within the required period of time.
The only time a tenant’s credit is affected is when a tenant does not fulfill the conditions of a notice and successful legal action is completed through the court system. However, in some very unusual cases, all the parties to the legal action can agree to suppress the results of any legal action, but the suppression is not guaranteed. Any money judgment as well as an eviction record can remain on a credit report for up to 10 years and could impact a prospective tenant’s chances of being accepted for a future tenancy.
In some instances, even legal action that has been dismissed can appear on a tenancy report that can be ordered from certain housing and rental agencies. The best approach is to attempt to resolve all housing matters and to avoid any type of legal action.
Tenant Contends Repair Staff Must Be On-Site
Q: I manage an 18-unit apartment complex that does not have an on-site repair staff. All the tenants have my phone number to report repairs, but a new tenant says it is illegal not to have a separate on-site maintenance person available for repairs and emergencies. Is this true?
A: There is no legal requirement for a rental complex to provide on-site maintenance personnel. The only legal requirement for on-site staff comes from California Code of Regulations, Title 25, 42, which requires rental complexes with 16 or more units to have a manager reside on the property.
Obviously it is impossible for you to be available 24 hours a day, seven days a week, therefore you need to provide the tenants with a specific reporting procedure as well as an emergency contact number. The tenants should know exactly what to do at 2 a.m. on a Sunday morning if the bathroom plumbing backs up. Perhaps you could give them the telephone number of the plumbing and electrical services you use for exactly these times.
Understandably, there need to be specific guidelines as to when they would call these services directly or when they would go through you.
Landlord Wants Access for Twice-Yearly Inspections
Q: My new landlord sent me a notice that she will be doing a general inspection of my apartment every six months. I have no problem giving her unlimited access for repairs, but I think every six months is too often. As long as she gives me a proper notice in advance, I would agree to a yearly schedule. I feel her request is unreasonable. Can she evict me if I don’t agree to every six months? I have a month-to-month rental agreement.
A: There are several California civil codes that could protect you from a 30-day notice of termination of tenancy. Civil Code 1954 limits a landlord’s access to rental property except in the case of an emergency, to make necessary or agreed upon repairs, when a tenant has abandoned the property, or pursuant to a court order. This code does not include “inspections.”
Even though your landlord has requested “every six months,” Civil Code 1953(a)(1) states that a tenant cannot give up or waive rights given to them by Civil Code 1954 (as defined above). Additionally, Civil Code 1942.5(c) states that it shall be unlawful for a landlord to increase rent, decrease services, cause a tenant to move involuntarily, take legal action to recover possession of the property, or threaten to do any of such acts, for the purpose of retaliating against the tenant because he or she has lawfully exercised one of the rights listed above.
The fact that you are comfortable with allowing her unlimited access for repairs is a positive approach on your part. Convey this position to her as well as discuss why she feels every six months is necessary. For more assistance, contact your local housing mediation program, which can help you both to negotiate a mutually acceptable schedule.
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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, 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.
