Santa Clara, CA.
Apartment complex with over 100 apartments
My best friend called me upset last night. She has not paid her rent for December, which was due December 1, 2006, due to a hardship. She is planning on paying it on 12/28. A manager/agent came by her home last night telling her she is late , showing her a list of tenants, of which she was one, and asking can she pay tomorrow (12/21). I told her that this seems irregular for a manager to behave in that manner and maybe this has something to do with year-end. The manager asked her to get a letter from someone stating they will "donate" the money to her by a specified date and submit it to her 12/21. I thought ! The manager/agent did not give her anything in writing.
What is the law on this because I thought you have to be 30 days late and official receive a written notice. We are in California.

Any assistance would be great!

Hello dalila:

Unfortunately, there is no grace period for late rent. Your friend was subject to a 5 day notice to pay rent or quit on December 2.

excon

Quote:

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Originally Posted by dalila

Santa Clara, CA.
Apartment complex with over 100 apartments
My best friend called me upset last night. She has not paid her rent for December, which was due December 1, 2006, due to a hardship. She is planning on paying it on 12/28. A manager/agent came by her home last night telling her she is late , showing her a list of tenants, of which she was one, and asking can she pay tomorrow (12/21). I told her that this seems irregular for a manager to behave in that manner and maybe this has something to do with year-end. The manager asked her to get a letter from someone stating they will "donate" the money to her by a specified date and submit it to her 12/21. I thought ! The manager/agent did not give her anything in writing.
What is the law on this because I thought you have to be 30 days late and official receive a written notice. We are in California.

Any assistance would be great!

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I'm going to suggest that your friend pay her rent ASAP and take a nice gift to the manager with an apology for not getting rent in sooner.

The pay or quit can be delivered any time after the grace period so your friend needs to pay and stay current with rent in the future.

Eviction in CA can take as little as 3 weeks.

What does the lease say about late payments? Generally this is written into the lease. The lease will specify what grace period, if any, and what penalties there are for late payments.

You are correct that its possible the complex wants the rents in time to close the books on the year.

As for what the specific law is, you can check the sticky notes at the top of this forum for links to CA law.