Question: If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix-up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit?
Answer: Yes, and hopefully your lease clarifies this right. If the tenant fails to pay, you can serve a three-day notice to perform conditions and covenants or quit.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have recently purchased a 20-unit apartment building. Must I have an apartment manager on site 24 hours a day, seven days a week?
Answer: California law requires that you have a manager, janitor, housekeeper or other responsible person reside on the premises representing the ownership when there are 16 units or more. They do not have to be working 24/7.
Question: We had two tenants move out and deduct their security payments as a last month’s rent. We have accrued expenses for damages and cleaning. What can we do?
Answer: If you can locate the former tenants, you can sue them in small claims court to get a judgment which is valid for 10 years. As an alternative, you can turn the matter over to a collection law firm that is experienced in collections against former tenants.
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.