California Apartment Association

Question: In a co-signer situation, what forms do you recommend that the co-signer sign along with the tenant?

Answer: They should sign a separate guarantee agreement that has been reviewed by competent counsel.

Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves?

Answer:  You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized pets. If you can prove the pets are still there after the notice expires, you can file for unlawful detainer.

Question: In assessing a late charge in a lease, is there a law stating how many days after the due date must expire before a late charge can be imposed?

Answer: California law does not prohibit a landlord from charging the tenant a bona fide late charge after the rent is delinquent. The rent is not delinquent unless one business day has passed at the time the rent became due. If the rent is due on the first and the first is on a weekend, a late charge could not be imposed until after the first business day expires.

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.

Recent Legal Q&A posts:

• Legal Q&A: Landlords responsible for former tenants’ mail?
• Legal Q&A: Tenant threatens to paint unit, deduct cost from rent
• Legal Q&A: Outdoor beer-drinking prompts complaints
• Legal Q&A: Tenants say we’re ‘picking’ on them
• Legal Q&A: Must carpeting be replaced within a certain timeframe?
• Legal Q&A: Rental applicant is paid ‘under the table’
• Legal Q&A: Can tenant claim ‘buyer’s remorse’ to get out of lease?
• Legal Q&A: Tenant owing back rent will likely file bankruptcy
• Legal Q&A: I suspect next-door neighbor is dealing drugs
• Legal Q&A: Can I charge tenant for painting unit purple?