Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction?
Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful detainer action. You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have an applicant who wants to bring her cat with her to the apartment. Can I require her to declaw the cat before bringing it onto my rental property?
Answer: No. California law prohibits a landlord from requiring a resident to have a pet declawed or de-vocalized as a condition of occupancy.
Question: I have had numerous problems with residents who smoke tobacco, including complaints from neighbors, damage to the rental unit, etc. Can I institute a policy that my rental property is smoke-free?
Answer: Yes. California law permits a landlord to designate his or her property as smoke-free.
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.