Question: What is the first step to take if I want to evict a renter for non-payment of rent?
Answer: You should serve a 3-Day Notice to Pay Rent or Quit for the rent. If they fail to comply, you can start an unlawful detainer action, but make sure not to accept rent after the action is commenced if you want the eviction to go forward.
Question: What are we allowed, by law, to charge a tenant as a security deposit?
Answer: You are allowed to charge up to twice the amount of the monthly rent as a security deposit, so if the rent is $1000, you can charge up to $2000 for your deposit. If the property is furnished, you can charge three times the amount of the rent.
Question: We have added a number of clauses to our Rules & Regulations Addendum and wish to have our tenants sign the new form, as well as the CAA addendum about mold.
Answer: If you are on a month-to-month tenancy, you can unilaterally require they abide by the new terms by properly serving a 30-Day Notice of Change of Terms of Tenancy and attaching the mold addendum to it. If they are on a fixed term lease, you must wait until the lease expires for them to renew and sign a new lease with the mold language contained therein.
Ted Kimball
Kimball, Tirey & St. John LLP
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.