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Rent increases remain limited to 10 percent Gov. Jerry Brown has again extended states of emergency in areas of both Northern and Southern California affected by last fall’s wildfires. The extension keeps in effect the state’s anti-price gouging law, which bans rent increases exceeding 10 percent during states of emergency. In Northern California, states of emergency triggered by October’s wildfires were set to expire this Wednesday, April 18. Brown, however, extended his emergency declaration to Dec. 4 for Lake, Mendocino, Napa, Solano, and Sonoma counties. Related content:  Novato landlord charged with price gouging as prosecutors scour for cases after fires… Read More

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Question: If a friend of a tenant appears to be living in the apartment, is there a time limit which allows me to compel the guest to fill out an application to be added to the rental agreement? Can the tenant have guests stay as long as they want? Answer: If your lease prohibits subletting or assignment of the lease, or if your lease restricts the occupants to those named in the lease, the tenant could be in violation. You would need to prove that the person really moved in and was not just a guest. Question: I do not… Read More

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By now, you’ve likely heard about the plumbing code change taking effect Jan. 1, 2019. Basically, if your apartment building was built before 1993 — and some of the original toilets, showerheads and aerators are still in place — chances are good that your property will fall out of code compliance come New Year’s Day. The code change taking effect comes from Senate Bill 407, a water-conservation measure that was passed in 2009. The bill’s water-efficiency mandates have rolled out slowly over the past decade, and the mandate for water-efficient plumbing fixtures in multifamily housing is the final piece to… Read More

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Question: Our tenants deposit their rent directly into our bank account. This has worked well because we know exactly when the rent has been paid. Now we need to evict for non-payment of rent. Can they still deposit the rent, and if so, have I hurt my case? Answer: Acceptance of rent after an unlawful detainer action (tenant eviction) has been filed is a waiver of the right to evict in most cases. To avoid this possible defense, write your tenant a letter documenting that you are not going to accept any more rent at this time. Periodically check your… Read More

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Question: One of our month-to-month residents gave a 30-day notice to vacate the unit, and now it is the 30th day, and he refuses to move. What can I do now? Do I have to serve him with my 30-day notice? Answer: If the tenant’s notice was in writing, the tenant is legally bound to vacate the unit within the 30-day time frame. Failure to do so allows you to immediately file an action for unlawful detainer (tenant eviction).

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Question: How does one collect on a judgment against a former resident? Answer: A judgment can be collected in a variety of ways: wage garnishment, bank levy, seizure of non-exempt personal property and sale are the most common. A judgment debtor examination can also be used to locate assets, and if the debtor fails to appear, a warrant can be issued for their arrest.

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Question: If the contract says no pets, but does not specify fish, can I stop a tenant from keeping a 150-gallon aquarium? Answer: Fish are considered pets by most judges, so they are violating the lease by having a 150-gallon tank. A small goldfish bowl may not constitute a major breach, but a 150-gallon tank most likely does.

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Question: Our tenant’s children put a 6-inch hole in a plaster wall of the house they are renting. The tenant readily admitted that the children “might have been punching the wall a little.” What are our legal options? Answer: You can serve a three-day notice to perform conditions and covenants or quit to require the tenant to pay for the repairs to the wall. If they do not comply with the notice, you should prevail in an eviction.

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Question: Is there a clear definition of what constitutes “ordinary wear and tear?” My husband and I are spending day and night trying to clean and repair our once-beautiful home we rented out and need to know how much to charge back to the residents. Answer: There are not many legal guidelines on this issue, so many judges use what they consider a common-sense approach. We advise landlords to seek an opinion from the manufacturer of drapes, carpets, and appliances as to their expected lifetime assuming ordinary wear and tear. If the item needs replacing before that time, you can… Read More

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Question: Can you tell me if someone needs any kind of certification or license to manage property in California? I want to hire someone to manage some of my smaller (less than 10 units) buildings. This person will accept rent, give out notices, handle complaints, and supervise maintenance work. Answer: They are required to be a licensed real estate broker in order to manage property in California for a third party. An exception is for a manager who lives on-site.

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