Question:  We have a tenant who has been provoking other tenants so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do? Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the thirty-day notice to expire. You… Read More

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 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More

Question: One of our tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do? Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore… Read More

Question: We served a three-day notice to pay rent or quit. What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served? Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving the tenant. I would, in general, not wait more than one week. Question: There is a very loud tenant in the apartment building across the alley from our rental. I have asked them to quiet down on numerous occasions and have even called the… Read More

Question: Our tenants have just informed us via telephone that their rent check will bounce, they don’t plan to cover it, and they intend to vacate the premises by the end of this month. They want us to use the majority of their security deposit as last month’s rent. If we don’t give a three-day notice to pay or quit and proceed with an eviction, are we leaving ourselves more vulnerable? Answer: If you do not proceed with a three-day notice followed up by an eviction, you could find that the tenants decide to change their minds and not move… Read More

Question: Our tenant gave us a 30-day written notice to terminate her tenancy. She moved out 10 days after serving the notice and claims she only owes rent up to the day she left.  Answer: She is liable up to the date the 30-day notice expires or you relet the premises, whichever occurs first.  You are required to attempt to find a new resident to hold the tenant liable. Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need… Read More

Question: I had a tenant move out several months ago. I returned $600 of his $1,000 deposit.  He disputes all but $50 of the deductions and has threatened to sue me. He also has not cashed the refund check. How long does he have to sue me? Answer: In California, the statute of limitations determines the time that you must bring suit to legally enforce a claim. For written agreements, it is four years from the time of the breach. For oral agreements, he statute of limitations is two years from the time of the breach. Question: I rented to… Read More

Question: If you give residents a 60-day notice of termination of tenancy and they do not pay their rent for that month, is it OK to give them a three-day notice to pay or quit? The three-day notice does not void the 60-day notice, does it? Answer: You can serve them with a three-day notice to pay rent or quit, and if they fail to comply, start the unlawful detainer action. Just make sure you do not ask for rent that goes beyond the 60-day notice period. Question: I would be interested in knowing what to do when a resident… Read More

Question: One of our residents brought in a roommate without my permission or consent. We have a clause in our lease prohibiting assignments or sublets of the lease. How do I prove the tenant is in violation of the lease? Answer: In many cases, it is difficult to prove because many times the claim is that they are just overnight guests. However, if there is enough circumstantial evidence, such as receiving mail at the premises, traveling to and from work, using the laundry and other facilities regularly, you will have enough proof to satisfy most judges. Question: If we serve… Read More

Question: Please tell me the law on roommates and the return of security deposits when only one vacates the unit. Answer: Unless you provide otherwise in your lease, you do not release the deposit until after you regain possession of the unit.  It is up to the roommates to figure out who gets what as they are “jointly and severally” liable for the performance of the lease. Question: I have several tenants who have damaged their units. What can I charge?  Answer: You can charge for the actual out-of-pocket costs, as well as labor. If you do it yourself, you… Read More