Question: I own a four-plex in an area where rental rates have recently begun to increase. I had not raised the rents on my property in several years, so I recently gave a 30-day notice of an 8% increase to my tenants. One told me he could not afford the increase and gave me a written 30-day notice that he was vacating. About a week later he told me he changed his mind and decided to stay and accept the increase.
This tenant has been occasionally late paying his rent in the past, and I am worried that he really won't be able to afford the additional rental rate. Now that he has canceled his notice of termination, what are my options? I am thinking about requiring him to agree to a new credit check so I can tell whether he will be able to pay the new rental amount. Can I do that?
Answer: When a tenant serves a written notice of termination, that notice is binding on the tenant. The tenant does not have a right to unilaterally revoke the termination. A tenant who gives notice and remains in the property beyond the time frame of the 30-day notice is no longer a lawful tenant and can be named in an unlawful detainer eviction case on the 31st day.