Question: Several of our tenants have complained to us about the neighboring property. The people who live there work on their cars in the driveway at all hours and have loud and wild parties almost each weekend until dawn. What are my legal responsibilities? Answer: You have a right to inform the owner of the neighboring property and request their assistance in resolving the problem. Recommend that your residents contact the police during the time of the disturbances.

Question: One of our tenants recently requested that we paint the inside of her apartment. She has threatened to do it herself and deduct the cost of the paint from the rent if we do not have it painted within the next two weeks. Is she legally able to carry out her threat? Answer: Unless the condition of the walls rendered the premises uninhabitable, the owner is under no obligation to paint the unit at the request of the tenant.

Question: If a one-year residential lease is broken, what becomes of the security deposit? Answer: Once the tenants have vacated the premises and the landlord has taken over possession, the time to account for the use of the security deposit (normally 21 days) begins. The deposit can be used for any monies owed the landlord including delinquent rent.

Question: What happens when the lease expires?  Is it assumed that the agreement goes month-to-month? Or should a new agreement be signed? Answer: If the lease does not speak to renewal or reversion to month-to-month and the tenant remains in the premises with the landlord’s consent, the law will presume a month-to-month agreement if the rent is paid and accepted by the landlord. It then can be terminated by either side serving the other with a written 30-day or 60-day notice to quit.

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… Read More

Question: My tenant has some damage to the outside window to the house I rent to them. The tenant claims the damage was done by a burglary attempt, but I suspect they locked themselves out and damaged the window when trying to get back in.  Who is responsible for the repair? Answer: Unless proved otherwise, damage to the premises caused by unknown third parties, acts of nature, or unexplainable are the responsibility of the landlord.

Question: How long should we retain old leases at our apartment complex? I have heard two years, is this correct? Answer:  The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy.

Question: How do we get rid of tenants who have filthy units? They always pay on time. Answer: If the condition of a residential tenant’s apartment unit is creating a health or fire hazard, the landlord should take steps to require the hazard be removed, or if necessary, terminate the tenancy and evict. If the condition does not amount to a health or fire hazard, you may elect to serve a 30-day notice to terminate a month-to-month tenancy, or if the lease is a fixed term, do not renew.  If the tenant could have a disability called “hoarding,” you should… Read More

Question: Can residents sit outside their front door and drink beer? Other residents are complaining. Answer: If the outside portion where they are drinking beer is part of the common area of the premises, you can restrict that activity as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable disturbances to other residents. Question: I purchased a rental property two years ago, and the security deposits need to be increased. Most of the deposits are $600 and need to be increased to $900. What is the… Read More

Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy of the notice, how long do I have to wait before entry? Answer: California law requires six days if the notice is mailed only. If served personally or posted on the usual entry door of the premises, a twenty-four hour notice of entry is presumed to be a reasonable time.