Landlord Question and Answer Forum

State CA: I recently gave a tenant a 60 day notice to move. He has a prepaid last months rent credit. However, he pays rent on the first with a 3 day grace period which would fall on the fourth. excluding weekend and holidays. He has been continually late on his rent since he moved in, as well as violating the rental agreement. I chose to give him a 60 day notice, to give him amble time to find another place. My concern and question is, he will have to pay a pro-rated amount for 10 extra days. Because he has a last month rent credit, when is the correct time to collect the pro-rated amount, August or September. He has not paid rent since July 05th. If I credit his last months rent, it will end on August 31st, but he was given his 60 day notice to move on July 12, 2014. This gives him an additional 10 days, not paid yet. I'm starting to anticipate having to file an Unlawful Detainer on September 11th to force him to move. My question again is when is the proper time to ask for his pro-rated rent, when his last month rent was prepaid moving-in. It would seem, his very last 30 days in the house is when is last months rent would be credited, though originally per lease agreement is paid on the first of each month. My first time dealing with a mid notice to move. Thank you

Now! This goes for any state. If they have not paid since July it is just about the end of Aug now. Get them to pay immediately and if so file that unlawful detainer. The sooner you ask for payment the sooner you will know where this tenant stands and the next course of action.

Posted by Derrick D, PA on Thursday, August 28, 2014