All Forum Posts by: Rehan A.

Since October 2016.

For other California landlords, do you apply all funds received from the tenant to utilities, late fees, etc and then if anything is left over, to the rent? 

I have a tenant in California who has recently decided that paying rent on time is no longer a priority. She has paid late the last 3 months and has not paid the water bill, or the late fees, or the bounced check fees.

I served her with both a "3 Day Notice to Perform Or Quit" for the unpaid balance of water bill, late fees and bounced check fees, along with a "30 Day Notice" at the same time. The 3 day period has expired and she has not paid the balance due so I filed an unlawful detainer with the court and served her and her husband with summons. 

My question is now what is the best way to proceed? Not that I expect her to, but if she were to leave tomorrow, do I pay her back some of the rent she paid for July minus the outstanding balance? And because the 30 Day notice expires on August 13th, do I try to collect rent from her on August 1st? 

Because I have served her with a 3 Day and a 30 Day simultaneously, and she has not remedied the requirements of the 3 Day, is the 30 Day simply a formality at this point? 

Thank you!

Thank you!

Thanks Wei. The lease does clearly state that the tenant is responsible for the water utility. 

Do I need to serve a new 3-day notice or would the previous one which I served (which had just the rent amount) be sufficient? If I serve a new 3-day notice to perform or quit, can I include the late fees and the returned check fees or only the water bill amount?

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!