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Question: Can I accept rent after serving a notice for an issue other than payment? For example: after service of an unauthorized
occupant notice.
Answer. You should always check with a knowledgeable attorney to determine whether you should accept rent or not if the notice served was for something other than payment. Accepting rent after serving a notice may waive the notice.
QAuestion: At what point does my property require an onsite resident manager?
nswer. If your property has 16 units or
more, you are required to have an on-site Q“responsible person.”
uestion A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law
Kimball, Tirey & St. John LLP
as far as reimbursement of the deposit?
Answer. When a tenant passes, a month-to- month tenancy is terminated 30 days from the date of the decedent’s last rent payment. Therefore, you have 21 days from the termination date to account for the security deposit (assuming that you have regained possession of the unit). If anyone else claims a right to possession, you may need to go through the eviction process. Consult with an attorney if the tenant is a term tenant.
Question: I served my resident a 30-Day Notice of Termination of Tenancy on the 15th of the month. My resident says I have to wait until
the end of the month to serve the notice, is that correct?
Answer. No. Under California law, either party can serve a Notice of Termination of Tenancy any day of the month. Make sure you do not
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Landlord/Tenant Questions
&Answers by Ted Kimball, Esq.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with informa- tion on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of leg- islative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to seek legal advice. For contact information, please visit our website. www.kts-law.com. © 2020 Kimball, Tirey and St. John LLP.
AMM1/6 APARTMENT MANAGEMENT MAGAZINE - AUGUST 2021 73