FIGHTING TO PROTECT THE RIGHTS OF LANDLORDS
LEGAL QUESTIONS AND ANSWERS

Over the years HRH has answered thousands of questions and has provided advice on virtually every possible issue that can arise within the landlord-tenant relationship and within the unlawful detainer process. HRH has also handled thousands of unlawful detainer cases litigating these various issues and putting our advice to the test in the courtroom. This monthly newsletter will list some of those questions along with their respective answers. Hopefully, this newsletter will be useful to you and facilitate your management efforts.

Q1. Can a tenant who is a victim of domestic violence terminate a fixed term tenancy?

A: Yes. Current state law allows a victim of domestic violence, sexual assault, stalking or elder abuser to terminate a fixed term tenancy. Moreover, a new state law now adds renters who were victims of human trafficking to terminate their fixed term tenancy. The Tenant, however, must provide you with a copy of a restraining order, police report, or a statement from a qualified third party who bases their statement on information received while acting in a professional capacity as domestic violence counselors, sexual assault counselors, or human trafficking caseworkers.

Q2. How much notice must I give my tenant if I want to terminate the tenancy?

A: Assuming you are not in a rent controlled, or a “cause” jurisdiction, you may terminate a month to month tenancy with a 30-day notice (if resided in unit for less than one year) or a 60-day notice (if resided in unit for more than one year).

Q3. How much notice must I give my tenants if I want to raise their rent?

A: Assuming you are not in a rent controlled, you may raise the rent on a month to month tenancy with 30 days notice (if increase less than 10%) or 60 days (if increase greater than 10%).

Q4. Do I have to give my tenants a notice to vacate before their lease term expires?

A: Assuming you are not in a rent controlled jurisdiction, a “cause” jurisdiction, or otherwise limited by your lease contract, you do not need to serve a notice to terminate the tenancy on the tenants if they are on a fixed term tenancy. Fixed term tenancies expire by their own terms and the tenants must vacate by the expiration date. If the tenants fail to vacate by the expiration date you may file an unlawful detainer action on the first day following the end date of the lease. However, if you accept rent after the expiration date of the lease, the lease is now converted to a month to month tenancy which would require notice. NOTE: HRH advises to provide the tenant with a “notice of non-renewal of the lease” if you want the tenants to vacate as most tenants assume they will be allowed to remain in possession of the premises on a month to month basis.

Q5: After I served my residential tenant with a 3 Day Notice to Pay Rent or Quit, I accepted a partial payment from the tenant. Is my notice defective?

A: Yes. Accepting partial payment after service of the notice invalidates your notice. You must reserve a new notice for the balance that is owed.

ABOUT HARRIS, ROSALES & HARRIS
HRH was founded in 2001 and has litigated thousands of residential, commercial, and post-foreclosure evictions. If you have any questions please feel free to give us a call at (925) 417-8700.