Legal Question in Landlord & Tenant Law in California

Rental Arrears Time Limit

Because of renovation in progress, on a commercial building, I rented to a person with no money down. The first due date of rent, was May 1st. After many calls unanswered, I drove the two hrs. on the 27th and collected. June, is still unpaid and no answers to the phone calls. How many months does one have to be behind before the landlord can serve a ''Pay Rent or Quit'' notice? I also believe they are using it as living quarters. Is that legal?


Asked on 6/30/05, 11:17 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Rental Arrears Time Limit

Do you have a written lease? If so, it should provide the boundaries for usage of the space. If you have no written lease, you are afoul of the statute of frauds which requires that leases be in writing.

As to late rent, if your written agreement states when rent is considered late, then serve a notice to pay or quit the following day. If there is no writing setting a late period, then industry standards usually provide that rent is late after the third or fifth day after due.

You should get an attorney or property manager to help you manage your property. Call me if you have any questions. Good luck. --Phil

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Answered on 6/30/05, 11:28 am


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