Question: The citizen administrator handed my 16-year-old babe a apprehension for me to move. I plan on affective but appetite to apperceive if it is OK for a accessory to acquire notices?
Answer: Unless the courts acquire accurately emancipated your daughter, any apprehension served to her by the administrator is not advised appropriately served. Non-emancipated amateur cannot be served acknowledged abstracts or landlord-tenant notices or forms.
Contact your administrator and appeal able account to you or any added developed on the rental agreement.
Remember, if you acquire resided in the acreage for added than a year and acquire a month-to-month tenancy, you are advantaged to a 60-Day Apprehension of Termination of Tenancy. Any month-to-month control beneath a year requires a 30-Day Apprehension of Termination of Tenancy. If you are on a lease, your control cannot be concluded until the charter expires, unless you breach the charter or some applicative law.
If you abide in a rent-controlled burghal or canton or in subsidized apartment such as Area 8, 90 canicule apprehension are required, as authentic in Civil Code Area 1954.535.
For The RecordLos Angeles Times Wednesday January 18, 2006 Home Edition Main News Part A Page 2 National Desk 1 inches; 48 words Type of Material: CorrectionEviction apprehension — An commodity in Sunday’s Real Estate area said a addressee who had resided in a acreage for added than a year on a month-to-month control was advantaged to a 60-Day Apprehension of Termination of Tenancy. As of Jan. 1, the apprehension claim is 30 days.For The RecordLos Angeles Times Sunday January 22, 2006 Home Edition Real Estate Part K Page 5 Features Desk 1 inches; 52 words Type of Material: CorrectionEviction apprehension — An commodity in the Jan. 15 Real Estate area afield declared that a addressee who had resided in a acreage for added than a year on a month-to-month control was advantaged to a 60-Day Apprehension of Termination of Tenancy. As of Jan. 1, the apprehension claim is 30 days.
Manager banned fractional payment
Question: I was $100 abbreviate with aftermost month’s hire and the citizen administrator banned to acquire the bulk I offered. Fortunately I was able to pay the abounding rent, but I anticipation a administrator could alone debris a fractional bulk based on a three-day notice. What do you think?
Answer: A freeholder or his abettor can debris to acquire a fractional hire payment, whether for the accepted month’s acquittal or a acquittal requested through a 3-Day Pay Hire or Quit Notice. But, if a addressee has a acceptable acquittal history and is alone experiencing a acting shortage, it seems that accepting a fractional acquittal for the accepted month’s hire should not be a problem.
Accepting any fractional acquittal voids a three-day apprehension and requires that a new three-day apprehension be served for the actual balance. Because of this rule, abounding landlords will debris a fractional payment. In general, managers or agents booty administration from their administration or acreage owners, who may acquire actual lax or actual austere rules or behavior apropos accepting abounding or fractional hire payments.
The aftermost chat on final month’s rent
Question: For years, it has been my action to aggregate a aftermost month’s drop from new tenants. When I get a apprehension that a addressee is moving, I crave that accepted month’s hire to be paid and afresh I acquittance the aboriginal “last-month’s-rent” drop afterwards the addressee moves and the aegis drop is settled. A -to-be addressee says acute the aftermost month’s hire to be paid alert is not allowed. Who is right?
Answer: The -to-be addressee is actual if the aboriginal “last month’s rent” paid is accurately appointed as “last month’s rent” either in the rental or charter acceding or on the cancellation provided at the alpha of the tenancy. In this case, you can’t aggregate hire afresh for the aftermost ages of the tenancy.
However, if the bulk of the aftermost month’s hire originally calm is not authentic as such to the tenant, afresh it doesn’t acquire to be advised as aftermost month’s hire and the addressee should pay hire for the aftermost ages he or she occupies the property.
To abstain misunderstandings of how funds paid at the alpha of a control are defined, you should accompaniment accurately in autograph as to how they are appointed — aegis deposit, aftermost month’s rent, keys etc.
This cavalcade is able by Project Sentinel, a rental apartment arbitration account in Sunnyvale, Calif. Questions may be beatific to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 94087, but cannot be answered individually. For apartment bigotry questions, complaints or help, alarm the accompaniment Department of Fair Apartment and Employment at (800) 233-3212 or the Southern California Apartment Rights Center at (800) 477-5977.
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