Question: When tenants give notice that they will be vacating the residence, is it permissible for me to give them a notice stating that I will be advertising the vacancy and will be showing their apartment? Answer: Unless the tenant agrees to another arrangement, you would be required to give reasonable notice (24 hours) in writing for every entry.

Question: One of our tenants is complaining about the carpet and says it is California law that the carpeting must be changed every seven years. Have you heard of any law on this subject? Answer: California law does not require landlord to replace carpeting, unless the condition of the carpet creates a health hazard or risk of injury.

Question: One of the recent applicants to our apartment community claims he is paid “under the table.”  How do I verify his income? Answer: You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If he fails to otherwise qualify, you can deny his rental application.

Question: My tenants paid an extra deposit for a pet. They gave away the dog after two months. Now they are asking if the pet deposit could be returned. Answer: You do not have to account for the use of the deposit until 21 days from the date they return possession of the premises, so you don’t have to refund any of the deposit.

Question: There was a grease fire in one of our rental units due to a tenant’s lack of knowledge of cooking. What is my obligation to provide alternate accommodations for this tenant? Am I required to keep her as a renter? Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a three-day notice to quit.

Question: I rent a garage to two young men under a six-month lease, and I suspect that they are living there. I specifically told them they could use the garage for storage of their personal property only. What can I do? Answer: In California, an owner of rental property can limit the tenant’s use of the property for specific purposes. If the tenant uses the rental for something else, he could be evicted. If you could prove that the tenants were residing in the garage, you could serve them a three-day notice to perform or quit, followed by an eviction… Read More

Question: I am an owner of a duplex, and I suspect my next door neighbor is dealing drugs. I have a six-month agreement with him that is not up for several more months. What can I do? Answer: First, call the police and inform them what you know about the illegal activity. Work with the police to gain enough evidence that will allow you to proceed with an unlawful detainer (eviction). If you can prove the illegal activity, the law allows the owner to serve a three-day notice to vacate. Failure to comply with the notice will give rise to… Read More

Question: We have a tenant who has been in the unit for one year and has painted it dark purple. Can I charge the resident for returning the paint color to white when he vacates the unit? Answer: Yes, if you have a lease provision against making alterations without your consent. You can only charge the actual cost of turning the paint from purple back to white. Question: After sending a tenant an itemized disposition of security deposit, (there is a balance due to us), how long must I wait before taking her to court? Should I contact her one… Read More

Question: Under a 12-month lease on a single-family home, if a tenant breaks a window and does not repair it after a week or two, can we take the money out of the next rent payment? Answer: It is better to fix the window, or require the tenant to fix the window with a licensed contractor. If the tenant refuses to pay for or fix the window, serve a three-day notice to perform conditions and/or covenants or quit. If he/she refuses to pay or fix the window in three days, you can commence the eviction.

Question: How can we enforce the entry rules clause in our lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building. Answer: California’s Civil Code specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a three-day notice to perform or quit if the resident refused to give reasonable dates and times for the entry.