Q.
A tenant claims her attorney told her that since she did "Quit" after we gave her the three-day notice, she is not responsible for the balance of the rent for that month.
Is she correct?
A.
Her attorney is wrong, althought that used to be the law about 15 years ago.
Now, even if a tenant "quits" pursuant to a notice to perform or quit, the tenant is still liable for lost future rent.
Q. One of our tenants gave us a 30-day notice, but the other tenant in the unit did not.
Doesn't the law say that the notice given by one tenant is binding on the other?
A.
In a month to month rental agreement, each individual tenant has the right to serve a 30-day notice and if he or she moves out, is relieved of further obligation under the lease.
The remaining tenant, however, is still liable for the full amount of the rent.
Q.
One of our tenants clains we are legally responsible for disturbances that come from a neighboring property.
They say we have failed to give them peaceful and quiet enjoyment of their rental home.
Could this be true?
A.
Although a residential landlord is required to provide his tenants with peaceful and quiet enjoyment of their property, it is only required to the extent that the landlord has legal control.
The owner of the neighboring property producing the disturbances is liable to your tenant if the disturbances constitute a public or private nuisance.
All Q & A were taken from the OC Register dated 7/9/06
