California Apartment Association

Question: One of our residents threw a wild New Year’s Eve party, causing disturbances to other residents. The police were called, but no arrests were made. They have also been consistently late in paying rent so we have decided to terminate their tenancy. What is the best way of doing this?

Answer: If you are on a month-to-month agreement, you can serve the appropriate 30- or 60-day notice (60 if they have been in possession for one year or longer). If not, you would have to prove a breach of the lease or that the disturbances constituted a nuisance which is generally defined as major and continuous disturbances of the quiet enjoyment of the neighboring property.

Question: We have two feuding residents; each claims the other is at fault for disturbing the other. We don’t know who to believe. What should we do?

Answer:  Conduct a reasonable investigation to determine if there have been any lease violations or criminal activity conducted by either or both residents. Once you have concluded your investigation, you may decide to evict one or both. If you are on a month to month agreement, you do not have to prove a lease violation in order to serve a 30- or 60 day-notice to terminate either or both tenancies. Knowledge of a dangerous situation leads a prudent manager to investigate and act like a prudent residential property manager would in the same or similar circumstances.

Question: We have a late charge that is imposed if the rent is not paid by the 5th of each month. Our tenants are now moving out and they haven’t paid any late charges for the last several months. What are my options?

Answer: Unless your lease provides otherwise, you can deduct the late charges from the tenant’s security deposit, or sue in small claims court for the amount owed. Security deposits can be used for cleaning, repairing damage and rent owed, but also for any other legitimate charge that arose out of the landlord/tenant relationship.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

Recent Legal Q&A posts:

• Legal Q&A: Landlords responsible for former tenants’ mail?
• Legal Q&A: Tenant threatens to paint unit, deduct cost from rent
• Legal Q&A: Outdoor beer-drinking prompts complaints
• Legal Q&A: Tenants say we’re ‘picking’ on them
• Legal Q&A: Must carpeting be replaced within a certain timeframe?
• Legal Q&A: Rental applicant is paid ‘under the table’
• Legal Q&A: Can tenant claim ‘buyer’s remorse’ to get out of lease?
• Legal Q&A: Tenant owing back rent will likely file bankruptcy
• Legal Q&A: I suspect next-door neighbor is dealing drugs
• Legal Q&A: Can I charge tenant for painting unit purple?