Question: A tenant has left a lot of personal property after vacating. How do I know if the value of the items left behind amount to $700? Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Remember that it is replacement value, not the cost of purchasing a new item.  Accordingly, online resources such as Craigslist can be used to help substantiate a value assigned to an item.

Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state? Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live.

Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her.  This includes an unlawful-detainer action.  You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.

Question: I had a police officer visit my rental office and request information such as Social Security numbers, addresses, and birth dates on three of my residents. I told him that I would be unable to provide this information, as it was confidential. Was I correct in denying a law enforcement officer this information? Answer: You did the right thing. California law protects against the disclosure of an individual’s information, based on the right to privacy. Therefore, if law enforcement is requesting information on a former or current tenant, management should not disclose any information absent a subpoena.

Question: I have an ongoing unlawful detainer against one of my tenants but he/she is continuing to create a disturbance at the property. Is there any way that the unlawful detainer can be expedited? Answer: Unfortunately, no.  However, a restraining order may be available in extreme cases. If the tenant is engaging in a serious or criminal disturbance, call the police.

Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 calendar days after the tenant vacates the unit. The law also provides that the deposit shall not be… Read More

Question: Someone told me that if a resident is committing a crime on the premises, they can be evicted in three days. I have never heard of this law, and I rent to someone I suspect is dealing in drugs. Can you tell me more about it? Answer: California law does allow an owner or manager of rental property to serve a three-day notice to quit the premises based upon the commission of an illegal act on the property. The illegal conduct must, however, relate to the rented property. If your tenant was dealing with or possessed illegal drugs on… Read More

Question: After a lease expires and it is month-to-month, how much notice must a tenant give me in order to legally terminate the lease?  He says one week. Is this true? Answer: In California, 30 days or 60 days written notice is required to terminate a month-to-month tenancy and can be served by either party at any time during the tenancy.  If all of the tenants have been in possession for one year or longer, you must serve a 60-day notice.  Keep in mind the tenant can also serve a 30-day notice notwithstanding how long they have resided in the… Read More

Question:  I have a tenant that I strongly believe is selling and using drugs.  What actions can I take without having any evidence? Answer: In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise if you are on a month-to-month tenancy, you can serve a 30- or 60-day notice without cause unless you are in a rent controlled area. You should also call the police.

Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court? Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments. Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal… Read More