California Apartment Association

Question: One of our single tenants who was renting a small one bedroom unit recently died. There are still three months remaining on his lease.  What should I do with the security deposit?

Answer: A tenancy for a specified term does not terminate on the death of either the landlord or the tenant. Once the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor.

Question: I understand that if a building contains 16 or more units there must be a resident manager. I have given some responsibilities to an on-site maintenance person, but I do not call him a resident manager. Does this situation comply with the law?

Answer: The California Administrative Code requires that a building containing 16 or more units on a parcel must have a person who lives on site and is responsible for representing the owner of the property. The person does not, however, have to be a “resident manager.”

Question: I served a three-day notice to pay rent or quit and inadvertently asked for $10 less than the current rent which is due. The rent is $885 per month, and I asked for $875 (I forgot to add the rent increase, which was effective three months ago). The resident paid the lower amount, and now I want to serve a notice for the $10 owed. He says I blew it and he does not owe it. Is he right?

Answer: The fact that a notice to pay delinquent for a lowered amount does not automatically prevent the owner or manager from demanding the full payment. Service of a three-day notice for the difference should be enforceable.

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.

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