Legal Question in Real Estate Law in California

late-paying, check bouncing tenant hired a lawyer

I served a 3 and 45 day notice to terminate month-to-month tenancy on a tenant who paid rent at LEAST a week late 100% of the time, and with bad checks 75% of the time (based on the first four months of her tenancy in one unit of my duplex). She always made good by about the 15th of the month. On receiving this notice, she paid the current month's rent, and asked for an extension on the 45 days. I told her "no." 43 days later, I got a letter from a lawyer stating that I cannot terminate this tenancy, because the tenant has a lease.

Until getting the letter, I believed that my tenant was month-to-month. I had been assured of that by my realtor when I bought the duplex 5 months ago. The seller hadn't provided a lease or rental agreement. I have since seen the lease.

Must I rent to people who can't pay rent on time? Must I serve another, different notice, now that I know about the lease (as opposed to the month-to-month)? Can I now ask for the late fees and bounced check fees that are spelled out on the lease (total =$300)? Should I just wait until the lease expires in 4 mos and save myself the trouble of an eviction?


Asked on 9/30/99, 5:19 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: late-paying, check bouncing tenant hired a lawyer

i would send a notice today that you are terminating the lease at the end of 4 months and if they miss the rent one more time think about serving a 3 day notice. unless the lease gives more time to cure a default you are not required to accept rent once the 3 days has passed.

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Answered on 10/04/99, 5:34 pm


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