Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the common areas of the premises after an eviction. Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as owner?
Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is trespassing. The common area of the apartment community is under the direct control of the owner and manager, and anyone present without authority or consent is guilty of trespass.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I received a judgment against my tenant for past due rent and costs of the suit. How do I collect the judgment? How long is it in effect? Do I have to take the tenant back to court to collect?
Answer: Once you receive a judgment for money, half the battle is the collection of the judgment. California law allows owners of judgments to garnish wages, levy on bank accounts or other non-exempt personal property and conduct judgment debtor examinations in court to locate assets or wages. The judgment is good for 10 years and can be renewed if the court is convinced that you have diligently pursued collection of the judgment.
Question: Do I always have to give written notice to our resident before making a repair? They called yesterday, and we simply made an appointment for the plumber to meet them at the property next week.
Answer: Normally, you would have to give a written 24-hour notice, but if the tenant and the landlord orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required. Also, in cases of emergency or abandonment, the landlord is not required to give written notice.
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.