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Updated over 7 years ago,
Tenant Paid Rent But Is Not Paying Utilities
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!