I am a landlord. My tenant is on a month to month rental agreement. With the help of a consultant (not an attorney), I had a 30 day notice filed to vacate at the beginning of April. Although the tenant was paid up, they always pay very late after much reminding by me. In addition, they have pets on the premises, and an unauthorized (adult brother) long term guest. This is in violation to the rental agreement. The consultant has advised that I don't accept rent payment for April as this will "break" the thirty day notice. Why will payment break the 30 day notice?

It shouldn't because the tenant will owe you for 30 days past the notice. In what state are you renting?

The notice said vacate by 4/1? I assume, since its 4/19, they haven't vacated. No you don't want to accept rental, you want him out. After you get him out you can sue for unpaid rent that you lost.

The rental is in Hayward California. Could this be a local City ordinance?

I think you are missing something here. You told him to vacate by 4/1. You cannot accept a rental payment after 4/1 or you negate the 30 day notice. You could accept the March rental, but not April.

If the tenant has violated the vacate order, you have to file for eviction. Once the tenant has left, you can sue him for any unpaid rental.

I think the OP may have given the notice (in the beginning of April) for the renter to be out 30 days after that. So, if that is the case, Is it possible the rent could be collected for that time, but not after, without negating the notice to vacate?

First there is no need for consultants or attorneys, first you should have stated why you are evicting them, and evict them, you gave them notice
1. on what date did you give them notice
2. what was the date they were suppose to get out.
3. during the 30 day notice period they owe you the rent
4. if after the notice time, they are suppose to be out, not still in,
5. if still in, you file eviction in housing court.

** there may be local laws but normally it is state laws that effect this

Hello Hanford:

The Padre is right on. The law that WILL effect you, is the California landlord tenant law. We have a copy right here at the top of the real estate page on a sticky note.

That law should answer ALL your questions about what you should do. Certainly, you should have ALREADY been intimately familiar with it, because they ARE the rules of the landlord business - the business you're in.

excon

Here is a clarification. The 30 day notice was served April 5th. The tenant is to be out by May 5th. They have not yet paid rent for April. This is normal behavior for this tenant.

If they don't move out by May fifth, I will file a unlawful detainer lawsuit. The question is: Are they responsible for rent during this 30 day period? If they stay past the 30 day period are they responsible for the rent during the time they stay during the eviction process? I have read that they are, but that I will have to file a small claim suit if they don't pay rent during these periods.

Ahh that changes things. But, the main answer is they are responsible for the rent up to the day they turn over the keys. But, if you have given them an eviction notice, they may not be inclined to pay.

If you stated that the reason for the eviction was non payment, then you can't accept payment. If you just stated that you are terminating the lease, then I'm not sure why you couldn't, but maybe the consultant is more familiar with how local judges would look at it. So I would go with his advice. If you were to accept the rent, you should note on the receipt that it does not change the fact that you are terminating the lease effective 5/5.

Thanks for the comment ScottGem! A bit more info... The tenant is on a "month to month" rental agreement, so lease termination is not involved. I spoke with the consultant again this morning. He is still adamant that I not accept any rent from the date of the notice, April 5th. This is not a problem since the tenant has not even attempted to pay, and so is in arrears for April. The consultant did add that the tenant is liable for rent up until the day that they vacate the premisis and that we will claim that amount as part of our eviction proceeding. Finally, he did say that the particular City involved has specific ordinances that must be adheared to. He made a trip to the City office to clarify the landlord requirements.

Overall the process seems fair in terms of due process for all parties involved, although I fully expect to take a loss in the end.

Sorry but lease termination is STILL involved. A rental agreement is a lease. Whether its month to month, annual or whatever. Even whether its written or verbal. You have an agreement that the tenant can occupy the premises for a rental amount. That's all that is needed to create a lease.

Sounds like your consultant is earning his money.

I see. Interesting. So far I am happy with the consultants work and we are saving on the expense for an attorney. I'll let you all know how this turns out. I do expect this to be a difficult eviction. I am new to this situation (lucky I guess). I think a well informed, experienced consultant can be a great aid for landlords. It's not easy keeping up with all the laws etc. I am generally a "do it yourselfer" but felt that in this case, asking for help was prudent.

Thanks again.