Tenant Paid Rent But Is Not Paying Utilities

[Rehan A.]

Hello BP!

I have a tenant renting a SFH in California.

She has been having trouble recently paying rent on time. When her rent was late this month for the second time in a row, I served her with a 3-Day Notice to Pay or Quit. In the 3-Day notice I only asked for the late rent, which she did pay the next day. However, she still has not paid the water bill for June or July, and also owes 2 months of late fees as well as 2 bounced check fees. When I spoke to her she said she can't afford to pay anymore until next month. I believe she will just keep falling further and further behind. 

I used the NOLO California lease template which unfortunately does not classify utilities as additional rent, and it seems that asking for anything besides rent in a 3-Day Notice is not allowed in California. What is the best course of action here? Does the previous 3-Day Notice that only asked for the rent amount no longer apply because it only asked for the rent amount and no utilities/other fees? Can I serve another 3-Day Notice now that the rent has been paid in full, simply asking for the outstanding amount (2 months late fees + 2 months water bill + 2 bounced check fees)? Or do I need to do a 30-Day Notice for breach of the lease terms (lease does state the late fee amount and the fact that tenant is responsible for water)?

Thank you for any help!

[Kyle J.]

@Rehan A. You'll need to serve a new notice.  The previous 3-Day Pay or Quit notice you served won't suffice because that was only for the past due rent, which was subsequently paid.  For the utility bills and other fees, assuming the tenant is required to pay them according to the lease, you'll need to serve a new notice.  However, it will need to be a 3-Day Notice to Perform Covenant or Quit (instead of the Pay or Quit notice you used last time). 

Here's some more reading that might be helpful: Using a Three-Day Notice to Collect Utility Charges in California.