Fighting to Protect The Rights Of Landlords

July 24, 2014

Fighting to Protect the Rights of Landlords

The Law Offices of Harris & Rosales

Landlord-Tenant

Q1. Can a tenant who is a victim of domestic violence terminate a fixed term tenancy?


A: Yes. Current state law allows a victim of domestic violence, sexual assault, stalking or elder abuser to terminate a fixed term tenancy. Moreover, a new state law now adds renters who were victims of human trafficking to terminate their fixed term tenancy. The Tenant, however, must provide you with a copy of a restraining order, police report, or a statement from a qualified third party who bases their statement on information received while acting in a professional capacity as domestic violence counselors, sexual assault counselors, or human trafficking caseworkers.


Q2. How much notice must I give my tenant if I want to terminate the tenancy?


A: Assuming you are not in a rent controlled, or a “cause” jurisdiction, you may terminate a month to month tenancy with a 30-day notice (if resided in unit for less than one year) or a 60-day notice (if resided in unit for more than one year).


Q3. How much notice must I give my tenants if I want to raise their rent?


A: Assuming you are not in a rent controlled, you may raise the rent on a month to month tenancy with 30 days notice (if increase less than 10%) or 60 days (if increase greater than 10%).


Q4. Do I have to give my tenants a notice to vacate before their lease term expires?


A: Assuming you are not in a rent controlled jurisdiction, a “cause” jurisdiction, or otherwise limited by your lease contract, you do not need to serve a notice to terminate the tenancy on the tenants if they are on a fixed term tenancy. Fixed term tenancies expire by their own terms and the tenants must vacate by the expiration date. If the tenants fail to vacate by the expiration date you may file an unlawful detainer action on the first day following the end date of the lease. However, if you accept rent after the expiration date of the lease, the lease is now converted to a month to month tenancy which would require notice. NOTE: HRH advises to provide the tenant with a “notice of non-renewal of the lease” if you want the tenants to vacate as most tenants assume they will be allowed to remain in possession of the premises on a month to month basis.


Q5: After I served my residential tenant with a 3 Day Notice to Pay Rent or Quit, I accepted a partial payment from the tenant. Is my notice defective?



A: Yes. Accepting partial payment after service of the notice invalidates your notice. You must reserve a new notice for the balance that is owed.

Legal Questions and Answers

Fighting to Protect the Rights of Landlords

Over the years HRH has answered thousands of questions and has provided advice on virtually every possible issue that can arise within the landlord-tenant relationship and unlawful detainer process. HRH has also handled thousands of unlawful detainer cases litigating these various issues, putting our advice to the test in the courtroom. This blog will address these questions along with their respective answers.

Testimonials

Harris & Rosales have handled several legal matters for me over the years. Each time, they have been incredibly helpful. It is obvious to me that they have a great understanding of the law…The services they provided have been absolutely outstanding. I consider myself fortunate to have found them and to have benefitted from their professional services.
- A.S.

I have been using Harris & Rosales for many years. They are excellent Landlord attorneys whose trial preparation and courtroom demeanor is unsurpassed. I can always get in contact with them if I need any question answered. In my opinion, there are no better Landlord attorneys than Harris, Rosales & Harris!
- L.H.

I entered into a contract to purchase a home and at the last minute the seller changed her mind and refused to sign closing escrow documents. Being very emotional, I contacted Harris & Rosales for legal representation. Not only was Harris & Rosales able to get the escrow closed but they were able to get my attorney fees and costs reimbursed to me. I strongly recommend Harris & Rosales to anyone who has a real estate dispute and needs legal representation.
- B.R.

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San Leandro Rent Control Update - Make your voice heard!

August 27, 2025
The City of San Leandro is considering a residential rent control ordinance and you have the opportunity to share your feedback about it. The draft ordinance is open for public review through September 17, 2025. It is modeled after the City of Alameda's Rent Stabilization Ordinance and is currently written to limit the maximum annual rent increase to 5%. Landlords would also be permitted to file a petition and seek a hearing once in a 12-month period for a "Capital Improvement" or "Fair Return" rent increase beyond the 5% limit. The draft ordinance comes on the heels of the city's Rental Registry Ordinance which was adopted on April 21, 2025 and goes into effect in January 2026. The Rental Registry Ordinance requires residential rental property owners to register rental units and pay program fees annually. There are multiple ways for you to engage with the City Council about the draft ordinance: 1. Join the online community meeting held at 6 to 7:30 p.m. on Thursday, August 28, 2025. Zoom link: https://sanleandro-org.zoom.us/j/82137896920 2. Attend the online stakeholder meeting for housing providers on Thursday, September 4, 2025. If you did not already receive an email notice from the City (or its consultant, Baker Tilly) about the stakeholder meeting, then you can email rentprogram@sanleandro.org or call 510-577-6011 for more information. 3. Attend the in-person community meeting at 6 to 7:30 p.m. on Tuesday, September 9, 2025, at the San Leandro Senior Community Center, 13909 E. 14th Street, San Leandro, California. 4. Share your written comments via email to rentprogram@sanleandro.org . For more information, visit https://www.sanleandro.org/rentprogram.

NEW COURT DECISION - Requires Notice Changes!

July 14, 2025
On June 26, 2025 the California Court of Appeal for the Second District published a ruling that will impact how ALL landlords in California need to prepare and serve their three-day notices to pay or quit. In light of the Eshagian v. Cepeda decision, we are advising that notices include the beginning and end dates of the notice period. This is a conservative approach due to the decision finding the subject notice in the case was defective, in part, because it did not indicate the beginning or the end date of the notice period. Some are of the opinion that stating the service date within the notice is enough to inform the tenant of the notice period. We understand the reasoning for this and it is arguably sufficient. However, we feel that putting specific dates in the notice is a stronger notice. So that is what we are advising you to do. This does require managers to correctly calculate the notice period. To guide you in correctly calculating your notice period we have created an FAQ Sheet which you can download below.