Question: A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name? Answer: No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.

Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units.  The lease only allows three persons, and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do? Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More

Question: I have been asked by another property manager if a former tenant of mine caused any problems and if I would rent to him again. I suspected that he was a drug dealer or at least a drug user but I cannot prove it. What can I tell her? Answer: If you are unsure, you should remain silent. From a legal point of view, it is always safest to say nothing. However, if you choose to do so, you should only reveal information, if any, that you know to be true and can be documented. When making a recommendation,… Read More

Question: I have a tenant who has been late with the rent on a number of occasions. I charge him a late fee, and he pays it. When his lease expires, do I have to renew? Answer: Unless you are in a rent-controlled city, you are not required to show cause in order to not renew a tenant’s fixed-term lease and do not need to have or state a reason for non-renewal.

Question: We want to give notice to vacate to a renter of a garage who has been in occupancy for over one year. Can we give a 30-day notice or does the 60-day notice rule apply for garages as well? Answer: You can give a 30-day notice. Sixty-day notices are only required for residential property when the tenant has been in possession for one year or longer and the rental agreement is month-to-month.

Question: I allowed a tenant to move in and pay the security deposit in several payments. They are not able to make the final payment. What can I do? Answer: You can serve a three-day notice to perform conditions or covenants or quit. If the tenant fails to pay the deposit within three days from legal service of the notice, you can commence the eviction process (unlawful detainer).

Question: A new tenant signed a six-month lease. Now, he claims he feels unsafe because of an incident at the property and wants to terminate the lease. The tenant claims he has a 72-hour period to rescind the lease after it is executed. Is this true? Answer: There is no 72-hour right of rescission for residential leases.

Question: What are the guidelines for landlords regarding bedbugs? One of my tenants moved in and found a bedbug infestation after a week. She claims the unit had them. I maintain there were none and possibly her furniture became infested in storage. Who is responsible? Answer: Liability would fall on the tenant if the landlord can prove there were no bedbugs in the unit prior to the tenant moving in. This could be done with circumstantial evidence such as testimony from the prior tenant. A pest control expert could also be hired to render their opinion as to the cause… Read More

Question: I served one of my tenants with a three-day notice to pay rent or quit. He did not comply, so I served a 30-day notice to quit. If the tenant does not move out by the 30th day, should I call the sheriff to evict him? Answer: The sheriff will not evict your resident unless you have gone through the unlawful detainer lawsuit and produced a judgment for possession. You could have filed the unlawful detainer action after the three-day notice expired; you did not need to give the tenant an additional 30 days.

Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit. Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit at least for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. In order to convince a court that the damages were extraordinary, check-in and check-out records of the condition of the… Read More