Don’t saddle tenant with showings

Question: The rental property I live in is for sale and the real estate agent has given my telephone number to prospective buyers. People are calling me at work to set up appointments to view the property. I don’t want these people calling me. What can I do?

Answer: The agent should not have given out your personal or work phone numbers. Ask him or her to stop. When selling an occupied rental, there are procedures to follow. For example, you can request that a lockbox not be put on the door and that you be present for all agreed-to showings. For the agent, this means setting up convenient appointments, respecting your privacy and accommodating your needs. You can insist that “showings” be limited to normal business hours, with at least 24 hours notice, or you can work out a mutually acceptable schedule.

Extra step ensures timely payment

Question: My apartment complex has a new owner. For the last four years I’ve been paying my rent directly at the management office’s address on the first business day of each month, even though my lease allows a three-day grace period. The new landlord has sent me a notice requesting that I now mail the rent to her out-of-town address. The notice also said the late fee will be charged if the rent is not received by the first of each month. I don’t know how I can ensure the rent is received on the first of each month, and I don’t want to pay a late fee. What can I do?

Answer: Since you have a lease, the grace period cannot be changed or eliminated during the period of your lease. Additionally, Civil Code 1961 (f) states: “If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner.” You can mail the rent payment on or before the first of each month at the post office and request a “certificate of mailing,” also known as a “proof of mailing.” This will satisfy the civil code requirement and ensure that your rent is considered paid on the day it was mailed.

Calculating the extended rent

Question: A tenant who is scheduled to move out needs an additional week because her new apartment is not ready. What amount of rent can I charge her for this additional week?

Answer: If her rental agreement specifies a “holdover” rent amount, you can use this amount to determine a daily rental rate. If the agreement does not specify a holdover amount, then you must charge a daily rental rate that accurately reflects the rent in effect. Divide either the current rent or the holdover rent amount by 30 to determine the daily rental rate. Then multiply this daily rental rate by the number of additional days the tenant is requesting. This is the amount of rent the tenant will owe.

Whenever there is an extension of a 30-day notice to move, it is recommended that the agreement be put in writing. This way all parties understand that the 30-day notice is “extended” only.

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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:

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