Question: I am considering selling a duplex I own. Both sides are rented under one-year leases.  A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that terminate any lease I have with the tenants? Answer: A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.

Question: Is there a mandatory, minimum, type size for leases? Answer: No, but the larger the font size, the better.  Also, if you have an automatic lease renewal provision, it must be in at least 8-point font and bolded.

Question: What are the reasons that a tenant can legally break a lease agreement? Is relocation due to a job change a legal reason to break the lease? Answer: Relocation of a job by a tenant is not a legal reason to break a lease, unless the lease allows for this specific event.

Question: Do I always have to give written notice to our resident before making a repair? They called yesterday, and we simply made an appointment for the plumber to meet them at the property next week. Answer: Normally, you would have to give a written 24-hour notice, but if the tenant and the landlord orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required. Also, in cases of emergency or abandonment, the landlord is not… Read More

Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights. Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings.

Question: While on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect? Answer: California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient.

Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents, and they have complained numerous times. I have explained that the lease allows pets. What can I do? Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also… Read More

Question:  A tenant reported a broken refrigerator at 10 a.m. Monday. We replaced the refrigerator at 6 p.m. Wednesday in the same week. Now, the tenants want us to pay for the spoiled food. Should we? Answer: You would only be liable if the tenant could prove you were negligent in maintaining, purchasing or repairing the refrigerator. Landlords are not guarantors or insurers of the tenant’s personal property.

Question:  I received a judgment against my tenant for past-due rent and costs of the suit. How do I collect the judgment? How long is it in effect? Do I have to take the tenant back to court to collect? Answer: Once you receive a judgment for money, California law allows owners of judgments to garnish wages, levy on bank accounts or other non-exempt personal property and conduct judgment-debtor examinations in court to locate assets or wages. The judgment is good for 10 years and can be renewed if the court is convinced that you have diligently pursued collection of… Read More

Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the premises of the common areas of the premises after an eviction. Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as an owner? Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is… Read More