By Ted Kimball, Esq., Partner, Kimball Tirey & St. John LLP
- Question. I was told by my tenant that my notice of increase was bad because it was less than 90 days and was over 10%. I thought it was 60 days for rent increases. Is my tenant correct?
- Answer. Yes, the tenant is correct in this instance. Beginning in 2020, the Civil Code changed to increase the amount of time from 60 days to 90 days for a rent increase of over 10% within the last 12 months. If you mail out the increase within the state of California, you need to add 5 days for mailing for a total of 95 days’ notice.
- Question. In our lease agreements we require tenants to pay their rent on the first of the month. If the first falls on a holiday, such as Labor Day, do you have to give the tenants until midnight on the second to pay the rent or can you still enforce the late fee as of midnight on the first?
- Answer. Rent is not delinquent unless one business day has expired from the date the rent is due. So, if the first is a weekend or holiday, the rent is not late until after one business day has expired.