California Apartment Association

Question: I own a fourplex. Unit B has two cars, and one is broken-down. What kind of demands can I place on B about the broken-down vehicle?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: You can create a lease term by requiring that all vehicles be in operable condition or be towed. To put this into place, you need to either serve a 30-day notice of change of terms to a month-to-month agreement, or wait until the lease expires and have the new condition in the renewal lease.

Question: I rented a condominium unit to a couple on a year’s lease. After one month, they had to move out to take a job out of state. My daughter wants to move in, and that’s all right, but she will not be paying me rent. Does the tenant still owe me the rent for the lease?

Answer: Under California law, a tenant who vacates early is liable for the remainder of the lease period unless the premises are re-rented or otherwise taken back by the landlord. When your daughter moves in, the tenant is relieved from further payment.

Question: Can I bill my tenant for excessive water usage if I can prove they neglected to fix two leaky faucets for over three months?

Answer: Most rental agreements and California law require the tenant to maintain the premises in good condition and repair. Failure to meet their obligations would therefore be a breach of the lease and you should be able to recover all losses suffered, provided you have sufficient proof.

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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