Landlord-Tenant Q & A Regarding Notices & Eviction

Question:  Do I always have to give written notice to our resident before making a repair?  They called yesterday and we simply made an appointment for the plumber to meet them at the property next week.

  • Answer:  Normally, you would have to give aLandlord-Tenant Q&A Regarding Notices & Eviction written 24 hour notice, but if the tenant and the landlord orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required.  Also, in cases of emergency or abandonment, the landlord is not required to give written notice.

Question:  If a tenant gives a 30-day notice on the 15th of the month, is it legal to charge them the full rent for the next month and return the prorated remainder of the rent once they have turned in the keys?

  • Answer:  No, they are only required to pay the prorated portion of their rent for the next month.

Question:  I have a tenant who is driving everyone in the apartment complex nuts.  He plays his stereo and television all day and all night and keeps everyone up.  We call the police constantly but they can only do so much.  I want to evict him but he signed a one-year lease.  None of the notices I have make sense in this situation.  What can I do to get this noisy tenant out?

  • Answer:  If the tenant is producing major and continual disturbances to the quiet enjoyment of the neighboring property and it is severe enough, the court could allow you to evict the tenant after service of a 3-day notice to vacate.  This notice does not allow the tenant to cure anything.  Therefore, it has to be a severe situation.  Otherwise, writing warning letters and documenting the disturbances can bolster your case if the tenant does not stay quiet.

We hope this Q & A was helpful!

Cheers,
SD County Escrow Team

Source:  Kimball Tirey and St. John, Tenant Landlord attorneys in San Diego

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