Legal Question in Landlord & Tenant Law in California
we leased our home to the mother of the real estate agent 4 years ago. Just recently the mother has been late on her monthly payment, when I pulled up the contract our agent failed to put a monthly due date on the contract. he represented both the landlord and tenant,
2 Answers from Attorneys
If it's a form rental agreement, usually the default is the first of the month unless otherwise specified. Also, if she had been paying over the years on or around the first of each month, that date can be enforced, as she would be estoppel (prevented) by her own payment practice from insisting payment is due whenever she feels like paying. It might be worth your while to serve the three day notice to pay or quit on the 2nd day of the month and list the due date as the first.
I agree with Mr. Cohen's points, although I am not sure what your exact question is.
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