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Neil Fjellestad's Blog


By Neil Fjellestad | Property Manager in San Diego County, CA

Home Rental Scams in La Jolla, CA

Rent Sense: Preventative Legal is an Ongoing Requirement (part 10)

I have asked Ted Kimball to regularly share some of his legal insights on important issues that arise in the ongoing operation of rental properties (single homes, individual condos and apartments). These responses should not be construed as legal advice until your specific circumstances are considered. Our Property Management firm has effectively utilized the legal counsel of KTS for years to keep ourselves and our rental owner clients out of trouble. We operate rental properties in 69 zip codes throughout the region. Neil

1.  Question: 
One of our tenants has asked about a military clause.  What is that? 

This refers to a clause that will allow tenants on active duty to terminate the lease based upon 
military status if they have a change of station or deployment.  The Servicemember’s Civil Relief 
Act already protects military tenants without requiring a clause in the lease.   

2.  Question:  
 Our tenant, who has lived there for more than one year, is on a month-to-month term and the house he is renting has been listed for sale.  We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened.  Is that correct? 

 A 30-day notice may be given in these circumstances only: if it is a single family residence, the 
buyer is going to move in and live there for at least one year, the notice is given within 120 days 
from the date escrow opens, and the tenant was not already served with a 60-day notice.  
3.  Question: 
A tenant gave a 30-day notice of move out on the 10th of the month and turned in his keys to the owner 5 days later on the 15th.  Is he still liable for the balance of the rent owed? 

Yes, the tenant still owes for the 30-day notice period, unless the landlord is able to relet the 
premises before then.  The landlord has to make a diligent effort to re-lease. 

4.  Question: 
A husband, wife and three children reside in an apartment. The husband was granted a 
restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease.  Should we officially remove her name? 

No, but you should give her a copy of the lease.  You should also have a copy of the restraining 
order and, if accurate, not allow her access to the unit. 

5.  Question: 
We have served our tenant a 60-day notice of termination of tenancy; however they have quit paying the rent. Now we are preparing to send a 3-day notice to pay rent or quit.  What is the next step if they do not pay? 

If the tenant does not comply with the 3-day notice by paying the rent, you can commence 
eviction procedures.  If the rent owed is paid, the 60-day notice is still valid unless you asked for 
rent that goes beyond the 60-day notice period. 

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