Legal Question in Real Estate Law in California
Termination of Monthly Rental Agreement
When giving a tenant a 30-day notice, indicating the termination of a previous month to month contract, does the ''lessee'' have to sign a form indicating receipt or can another occupant sign? Or does anyone have to sign? We are changing contracts from month to month to a year long lease with a new ''lessee''.
3 Answers from Attorneys
Re: Termination of Monthly Rental Agreement
Get one of the approved forms and fill it out. Then you can serve it. The form should address each known tenant by name; and then something to the extent of 'all other tenants.' After serving the 30 day notice on one or more tenants. If you haven't been able to serve all known tenants. Then take of copy of the notice and 'post on the door,' and 'mail.'
Re: Termination of Monthly Rental Agreement
Whether service of a notice is proper depends upon the status of the party actually served. Proper service on one of several co-tenants is service on all. A landlord who properly serves the tenants need not also serve the subtenants but should reference the subtenants and other occupants, if known, in the notice.
Service on an occupant who is not a tenant is proper only if the tenant cannot be served personally, either at the premises or at work, after diligent effort. The landlord should reasonably believe that the person will actually deliver the notice to the tenant, i.e. you can't give the notice to a child or to a repairman on the premises temporarily. Similarly, 'nail and mail' service is improper if personal service is reasonably possible, or if the landlord fails to mail a copy after posting.
Re: Termination of Monthly Rental Agreement
A receipt is not needed. Just give her the notice. If she does not move out in 30 days, or does not pay the May rent up through the date that the termination notice ends, call me and I will help you with an unlawful detainer.