All Forum Posts by: Cam Coplin

As a Ca LL, I must correct a few points.

1. Assuming a MTM lease, 30 day notice can be given at any time during the month.  And the tenant is responsible to pay rent for those days.  If the possessions is given up earlier, then the 21 day time clock starts when the landlord gets possession.  But the tenant is still obligated to pay for those 30 days, even though he doesn't have possession.  So the 21 day clock starts on Oct 22, assuming landlord got possession.

2. If the lease is a fixed period, say 1 yr, then its provisions control the tenant notice period and an early lease termination obligates the tenant to pay for the lease remainder time.  But courts have ruled the landlord is obligated to mitigate lease ending damages.  Typically allowing 2 months rent as a lease ending damage maximum.  The 21 day time clock however started when the landlord got possession, either by declaring abandonment which take several weeks or going to court to get possession which can take months or just picking up the keys and documenting a defacto tenant move out/ abandonment.

So yes, the landlord was obligated to mail you a security deposit accounting to your last known address by the end of the 21st day.  If you failed to give him a forwarding address then he mailed it to the rental unit address and if you filed a USPS new address, it would have been sent to that address most likely taking much longer.  The landlords only obligation is to mail it 1st class postage, nothing more.  If you filed the USPS address too late than the accounting would be returned to the landlord, but he is under no obligation to re mail it or tell you it was returned as undelivered.

Join the AOA or AAOC & get access to all their legal forms, specifically designed for Ca., including Rental/Lease.

SFR in So. Ca. I tried this once and it didn't turn out well. After calling the local franchise which had done a tenting about continuing infestation and repair, within 1 yr, they refused claiming it was old damage. So they didn't treat and didn't repair. Now I don't bother, just have handyman replace damage and re-treat if needed. Much cheaper, faster and convenient.

Be careful, consult a local real estate specializing attorney to draw up the documents. In Ca, a RTO conveys ownership rights, so eviction is not possible, only foreclosure. And that is a lot longer and more expensive process than eviction.

I've had a similar set of excuses.  "My companies van with all my tools was stolen and I used the rent money for tools so rent will be late."  My response, "That's too bad, will your renters insurance cover this?  When you pay the rent be sure to add the late fee.  I'll talk to the partners and see if they'll refund the late fee when you send a police report."  He never came up with the police report, but did pay the rent plus late fee.  Several months later his rent check NSF'd.  He said someone hacked his checking account and he didn't know it until it was too late.  I said "When will you be paying the rent plus NSF fee plus late fee.  I'll talk with the partners and see if they'll agree to refund the late fee after I get a statement on bank stationary signed by a bank officer that you're account was hacked and a police report."  He never sent these materials, but he did pay the rent and all fees.

Moral of the story.  Charge the fees and communicate you're willingness to CONSIDER return late fee if he provides adequate third party documentation.

Under California law, a late fee can be enforced only if the fee is a reasonable estimate of the amount that the lateness of the payment will cost the landlord, and if specified language is include in a written lease or rental agreement.

Next time don't call it a holding deposit instead of a holding fee.  And have a holding fee agreement which clearly spells out the agreement conditions.  No more verbals.

You don't seem to well informed landlord.  Get yourself associated with a landlord association, such as AAOC or AOA, to get access to their legal forms.

To answer your questions.

1. Ca REQUIRES mailing be 1st class postage pre-paid.  The law is very clear, Certified is illegal and will void your notice.

2. A 20 day late fee is very unusual and way too long.  Since rent is LATE on the 21st day, that's the only day you can serve the 3 day notice.

3. 3 Day Pay or Quit is the correct form for no rent.  Notice I said rent, not late fees etc.  Only late rent belongs on the notice.

4.  If they haven't paid for Feb, its now March and well beyond your absurd 20 day limit, so you can issue a 3 Day Pay or Quit for Feb.  Tomorrow is March 21st, the first day beyond you 20 day limit, so you can then issue a notice for March.

Since tomorrow is beyond the 20 day limit you can issue a notice for both months.  Itemizing Feb 1 2016 - Feb 29 2015 for rent $$$ and on the next line itemize March as March 1 2016 - March 31 for rent $$$ for a total of $XXX.  Be sure nothing other than rent is included.

Don't forget 

1. You have to correctly identify each lease signatory by full name in the portion of who the notice is for,

2. Add "all others in possession" or Jon Does 1-10 & Jane Does 1-10 to include all those other people living there who are not on the lease.

3. Have a individual notice copy for each lease signatory but you only need to hand it to one person over 18yrs who ans. the door.  If no one ans. the door do a "nail & mail" service.  Post all the copies on the door and the same day mail a notice copy to each individual.  Make sure its 1st class, no other kind of mailing is legal.

4. The same day fill out a "Proof Of Service" which you keep.  You also keep the original 3 Day Notice which you signed.  Tenants only get copies, not originals.

5. You have to explicitly identify what type of payment is acceptable, who the payment is to be made to, what times of day that person is available to receive payment, that entities address, etc.

Next you best get in touch with an attorney specializing in evictions.  See the landlord magazine for their ads.  And make sure you find a specialist for the rent controlled area your rental is in.

Good luck.  You'll need it.

Lucas, at least in a So.Ca 3 day pay or quit notice, you can specify the tenant pay to a specific bank account.  While I have a small number of rentals I have separate saving account for each unit, so for an eviction process start I open a saving account and specify the tenant pay only to that bank to that account.  At the end of the 3 day period I close the special account & separate account.  This prevents the tenant from depositing the additional funds and voiding the notice.  It works for me because I have a small number of rentals, it probably would not work easily for a large number.

I'm a So. Ca landlord.  Since you told them to fix the lease violations (not rent) or move and they chose to move, you gave them the option of ending the lease early.  So yes you have to reimburse them for any unpaid rent.  But you get to fix the lease violations and deduct the cost from their security deposit.  Don't forget to offer the pre-move out inspection.  Oh yes get them to give you the keys and perhaps a written statement they are moving out as per the notice.  By the way you could have given them the "happy clause" letter or an ELT offer before you resorted to a 3 day notice.