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johnfaber88 · Oct 12, 2011, 01:20 PM

If there is no lease in san francisco rent controlled
I believe the rent is due at the END of the month
Is that correct?

JudyKayTee · Oct 12, 2011, 01:29 PM

It's due whenever the contract/lease agreement says it's due. There is no "always" date.

Usually it's BEFORE the first of the month - May rent is due on or before April 30th, for example.

Rent control has nothing to do with it.

You do not live somewhere for a month and then pay rent.

cdad · Oct 12, 2011, 01:30 PM

No that isn't correct. It is due at the point of signing and taking possession of the property. So if this was a lease unit and now it has converted to a month to month rental then it is due on or about (grace period) that same time as it was converted. Most rents are due around the first of the month in a general sense.

johnfaber88 · Oct 12, 2011, 01:36 PM

There is no written agreement at all.
Never was.
"in the absence of a written agreement the rent is due in arrears"
California law yes or no?

JudyKayTee · Oct 12, 2011, 01:37 PM

I have no idea what "the rent is due in arrear" means.

Where are you reading that? Please post the site.

Fr_Chuck · Oct 12, 2011, 01:52 PM

Rent is to be paid before the start of the next rental period.

If rent is done from the 15th to the 15th, it is due on or before the 15th. If it is from the 10th to the 10th, it is due on or before the 10th.

The first of the month is just a common rent due date, but there is no reason it has to be the 1st. If rent is from the 1st day of the month to the last day of the month, rent is due on or before the 1st.

If it is not paid on or by the 1st, then late fees apply and you could be evicted for non payment of rents.

Rent is never due at the end of the month after you have lived there all month for the previous month time.

cdad · Oct 12, 2011, 02:08 PM

2. Eviction Laws

Under California law, tenants in San Francisco are only allowed to be evicted with just cause. Some situations considered to be a just cause include consistently pay rent late or not paying at all, bouncing rent checks repeatedly, violating the rental agreement, creating significant amounts of damage to the unit, or using the premises for illegal activity. While your landlord can certainly start the process of eviction, it is a legal matter that has to be brought before a jury before you can be forced to move out. If the jury favors against you, only the Sheriff can force you to move from your apartment. Don’t worry about your landlord throwing your stuff on the lawn, it is illegal and he can be fined $100 for doing so.

Paying rent late can lead to eviction.

Renting in San Francisco: 3 Laws You Should Know | Oh My Apartment

johnfaber88 · Oct 12, 2011, 05:43 PM

Does anyone know the law? I heard this from a teacher at the Real Estate class when I got my RE license. "in the absence of a written agreement the rent is due in arrears (which means the end of the month)". California only. If I had the site I would not have asked. The site would be my answer.
Please do not answer with any mention of a written agreement. There is NO written agreement. If you don't know, you don't have to say anything

JudyKayTee · Oct 12, 2011, 06:02 PM

Oral contracts are also binding. It doesn't have to be written.

Please don't attempt to direct who will answer your question and in what manner.

Ask the teacher where he/she "heard it." That's a good starting point.

Fr_Chuck · Oct 12, 2011, 06:51 PM

In absence of a written contract the verbal rental contract is what controls the rental. And no there is no such thing as being due at the end of the month except to be paid prior to the start of the new month.

johnfaber88 · Oct 12, 2011, 07:19 PM

1947. When there is no usage or contract to the contrary, rents are
Payable at the termination of the holding, when it does not exceed
One year. If the holding is by the day, week, month, quarter, or
Year, rent is payable at the termination of the respective periods,
As it successively becomes due.

JudyKayTee · Oct 13, 2011, 05:35 AM

For my colleagues, he's quoting California Civil Code:
"When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due."

I've been asked not to answer so now that you've read it I'm sure you can explain it to him. Note what I have put in bold.

johnfaber88 · Oct 13, 2011, 06:01 AM

Can you explain the usage part?

cdad · Oct 13, 2011, 01:56 PM

Originally Posted by johnfaber88

1947. When there is no usage or contract to the contrary, rents are
payable at the termination of the holding, when it does not exceed
one year. If the holding is by the day, week, month, quarter, or
year, rent is payable at the termination of the respective periods,
as it successively becomes due.

Are you wanting to switch questions because your original question was abd SanFrancisco rent controlled area. They have separate laws to maintain from the rest of the state.

So which is it your seeking an answer to ?