Seven Day Notice from Landlord to Tenant Notice to Comply or Deliver Possession

[mqflowers]

What is the name of your state (only U.S. law)? CA
I have an Agreement with my sister-in law and the agreement is a week by week agreement, it states that I can terminate the agreement at my discretion, and there is no fixed term.

She's staying in my Mom's home, rent free, and all she had to do was pay the utilities. Well there are now three utilities that are past due. However, she's made a payment to SMUD for the electric, and the other two (sewer, water and trash are still past due in the amounts of $145.94 and $123.63).

My notice states:

You are hereby notified that you are not complying with your Agreement for the use of the premises for the following reasons, which do not include failure to pay rent:

Past Due Utility Bill (County of Sacramento)

Demand is hereby made that you remedy the noncompliance within seven days of receipt of this notice and your lease shall be deemed terminated and you shall vacate the premises upon such termination. Premises shall be vacated on Friday, April 24, 2009.

She is stating that my notice states that if she pays the utilities that she can remain. I don't see where it says that. I am saying that she need to pay the utilities and also vacate the premises and that's why the word "AND" is there. She's trying to twist it so that she can stay.

I failed to put the other utilities that are past due on the notice. But my agreement also states that if any utilities become past due that the lease will be terminated.

The SMUD (electric) was in my Mom's name and she went down and paid the past due amount and had the audacity to put it in her name.

I am still looking to her to vacate the premises on April 24th.

Please advise.

 

[Alaska landlord]

Sorry, I missed where you said you had a written lease. I read it as you do.
I would give her a pay or quit and once she pays, I would then give her the termination notice.
Otherwise, she'll just split without paying. Make sure she pays in cash./MO

 

[mqflowers]

According to CA law,

"If your lease actually specifies, in writing, that it is week to week, then your 7 day notice to terminate is sufficient - you do not need a reason to terminate a rental agreement when there is no fixed term. If my lease did not specify week to week, then it defaults to month-to-month and I would need to give her a 30 day notice to terminate rather than 7."

 

[Cvillecpm]

Put utilities in YOUR name and put a passcode lock on it so it can not be changed.

She is really not a tenant - she is a boarder since she rents by the WEEK so you need to research innkeeper laws of CA...

 

[mqflowers]

She doesn't pay rent at all. I allowed her to stay there for free.

I am also turning my Mom's house back over to the bank (deed in lieu of), because I have to move my Mom back to GA with me.

I will getting the locked changed today, and she can go to my neighbors house so that he can let her in to acquire her things.