Legal Q&A: Can tenants change the locks?

Legal Q&A: Must I perform annual tests on smoke detectors in each unit?

January 19, 2016

Question: I have tenants who recently divorced. The husband has moved out. Can we take him off the rental agreement?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: It is not in your best interest to take him off the lease as he is still responsible for the lease payments even though he moved out. To remove him, you would need to get his permission and consent.

Question: Is there a smoke-detector ordinance that requires an owner to perform an annual smoke detector inspection in each unit? If so, what is the purpose of the smoke-detector agreement?

Answer: California state law does not require an annual inspection of a smoke detector inside a rented unit; however, the owner is responsible to maintain and test smoke detectors in common stairwells or other common property of the apartment community. Tenants are required to notify the owner of an inoperable smoke detector in their unit.

Question: One of our employees said she believes that a tenant’s rental agreement must be signed in the owner’s or agent’s presence, or notarized, or it will be invalid.

Answer: California rental agreements do not have to be notarized or signed in front of the owner or owner’s agent.

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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