Landlord wants to reduce notice requirement to only 10 days
Question: The owner of the rental property I manage wants to change the time needed to terminate the tenancies of new renters. She is willing to accept 10 days as advance notice from a tenant and she wants to be able to give 10 days notice to terminate a tenancy. I thought the required time was 30 days. Can the owner change the agreements?
Answer: The required time for a tenant to either give or receive a termination notice is generally based on the length of time between rent payments. For tenants who pay rent once a month, the time required to give or receive a notice is 30 days.
The state of California Civil Code Section 1946 says, for tenants who pay their rent weekly or biweekly, the minimum time for advance notice to move is seven days. If rent is paid monthly, the new rental agreements can include a clause whereby the property owner agrees to accept 10 days’ notice from a tenant, but the agreement cannot compel a tenant to agree to receive a 10-day termination notice.
In January 2006, the requirement for a 60-day notice for tenancies of more than one year was canceled.
Utility-line testing is owner’s burden
Question: The former occupant of my duplex rental unit never registered for utility service during the four years she lived here. The utility company says they must now run tests on the line before service can be connected for me. There is a large fee for this test, which my landlord says she will not pay. What can I do?
Answer: California Civil Code Section 1941.1 requires that a property owner maintain a habitable dwelling. One of the conditions of a habitable dwelling is “plumbing, gas, and heating facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.”
In this case, the term “facilities” refer to the heater and hot water heater. Section 1941.1 covers your situation, making the property owner responsible for establishing service to the unit.
Talk with the property owner. If she still refuses to establish service, contact your local building code inspector or the housing mediation group in your area.
Kitty goes when right form is used
Question: I don’t allow pets in the large apartment complex I own. When one of the tenants got a cat recently, I quickly gave her a written notice to remove it. Unfortunately, I used the wrong form -- a three-day form for nonpayment of rent. The tenant says I need to give her a valid three-day notice before she will comply. I have not served a second notice yet. Because I clearly stated on the original notice that “the cat must be removed,” isn’t it valid?
Answer: The proper notice should have been a 3-Day Perform Covenant or Quit notice that specifically described the behavior that must be corrected. In this case, the tenant would have had three days to remove the cat. If the cat was not removed within the required time period, then you would have been able to pursue a legal action for eviction known as an unlawful detainer.
By using the wrong notice, you may have a problem continuing with legal action because a proper three-day notice is a pre-condition to the unlawful detainer case. For example, if the tenant filed a challenge to the improper notice, and the judge agreed with her, you would have to start over with a valid three-day notice. You would also be responsible for the tenant’s court fees if the tenant’s challenge were to be upheld.
You could serve a valid 3-Day Perform Covenant or Quit notice to your tenant now to avoid further delay and expense.
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 Southern California Housing Rights Center at (800) 477-5977.
