The danger of roommates

[Jeff Gates]

Accept rent payment from one person only!

The most common reason landlords terminate a tenancy is for nonpayment of rent. If a tenant does not pay the rent before the end of the day it’s due, a landlord can immediately send a termination notice (unless the lease or rental agreement provides for a grace period). The termination notice, called a Three-Day Notice to Pay Rent or Quit, gives the tenant three days to pay rent or move out.

If you haven’t followed the rules, and the tenant doesn’t pay or move within the specified three days, you’ll have to file an eviction lawsuit (also called an unlawful detainer). But the tenant may have a valid reason to contest or at least delay court proceedings based on your mistakes. If you lose the eviction lawsuit because you made a mistake in preparing or serving a three-day notice, you may even end up paying the tenant’s court costs and attorney fees (in addition to your own), and you will need to start all over again with a correct three-day notice.

If you rent to roommates and no rent is paid. One roommate can move out of the home. While the other roommate can pay what they believe is their portion of the rent payment.

If you do accept partial payment, you need to file a new three-day notice. See EDC Associates, Ltd. v. Gutierrez (1984) 153 Cal.App.3d 167, 200 Cal. Rptr. 333.

This action will reset the time period and you will need to start all over again with a correct three-day notice. Many months without rent payment can be the results of this mistake!