Exercise 6

Remedies Available to the Landlord

Landlord Tenant Exercise 6Candy Cortez is renting an apartment from Jean-Pierre LeBrock and has been paying her rent on time. Candy has been parking in the wrong section of the parking lot and has left her trash can in the hallway several times, which is against the apartment regulations. For these reasons, Jean-Pierre gives a 3-day notice, saying that Candy has to vacate the premises in three days. Candy tells him that he can’t give her just three days to leave, and stays in the apartment. Jean-Pierre goes to court, seeking to evict Candy and regain possession of the apartment, saying that he has given Candy proper notice.

How should the judge rule?

A. For Jean-Pierre, because he gave Candy proper notice to leave.
Sorry, but that's not the correct answer. Please select another.
B. For Candy, because Jean-Pierre cannot evict her with three days notice in this situation.
B is the correct answer. Three-day notice applies to situations in which the renter has not made the rental payment when due or when the renter has committed a substantial violation. Neither of these situations applies here, since Candy has been paying her rent on time and her infractions of the apartment regulations do not rise to the level of substantial violations under the Uniform Owner-Resident Relations Act. Jean-Pierre can only serve Candy with a 7-day notice for her violations.