An SRO, as defined by Health & Safety Code 50519, is subject to Civil Code 1940.1, which prohibits the owner from requiring that an occupant check out and reregister before the expiration of 30 days. Civil Code 1940 provides that the ordinary landlord-tenant laws do not apply unless an occupant has resided in a dwelling unit for more than 30 days, pursuant to Rev. & Tax Code 7280. The combination of these laws effectively means that for an SRO, the owner can limit any occupant's stays to less than 30 days, but the same occupant cannot check out and reregister until the expiration of the original 30 days from the date of the first registration -- otherwise, the owner is subject to a $500 civil penalty from the city. Typically, an owner seeking to maintain transient residency of a long term occupancy can have the occupant check out on day 30, and then check back in on day 31 -- thereby avoiding both the 30 day limit on the landlord-tenant laws and the checkout and reregister prohibition. The city also promulgates this visitor ordinance.
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WHEN CAN A 3-DAY NOTICE BE SERVED
The 3-day notice can be served as soon as the rent is past due.In other words wait until the tenant is late with the rent.If you have a written lease, you should consult with your lease to determine when he rent is due.For instance if your lease states that the rent is due on or before the first of the month and a late fee is charged after the fifth of the month, you do not necessarily need to wait until the fifth and can serve a 3-day notice on the second as the rent was due on the first. |
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