Question: I am renting a single-family dwelling to three individuals, each of whom submitted a separate application but want to all be listed on the rental agreement. How do I fill out a month-to-month agreement? Answer: Have them all sign the same agreement. That way, they would be jointly and severally liable under the lease. Question: Several weeks ago, during a wind storm, a large tree fell on my tenant’s car. The tenant thinks I am responsible for the damages, but my insurance company says I am not. Answer: Unless you were negligent in the way you maintained the tree,… Read More

Question: I purchased a building in which two of the three tenants do not have a deposit on file. Can I require a deposit for continuing tenancy? Answer: If their lease agreement is month-to-month as opposed to a fixed-term lease, you can serve a 30-day notice changing the terms of the tenancy to require a deposit. If it is residential, your limit is twice the amount of the monthly rent if the unit is unfurnished. Question: New tenants signed our lease and paid the first month’s rent. Now they want to get out of the lease.  They did not take… Read More

Question: We have an excellent single resident in one of our units. She has requested to move a troubled friend with relationship problems in with her for a couple of months. What legalities do I need to consider and what additional and/or new forms do I need to have filled out and signed? Answer: You could have the additional occupant qualify as a resident and sign the current lease as a tenant. This would protect you in the event the occupant remains and the resident moves out. Question: Can a three-day notice be served for the cost of damage to… Read More

Question: I rent a house to a married couple. I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease? Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions an/or covenants or… Read More

Question: Can I have the resident pay more security deposit to make up the difference from rent increases? Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit. Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect? Answer: Not unless the… Read More

Question: One of our tenants is moving out in three weeks. She has refused to allow any prospective tenants to see the apartment. Is there any way we can force her to let us in since the law says we have the right to show it? Answer: You can serve her with a three-day notice to perform conditions and/or covenants or quit requesting that she give you reasonable dates and times for entry. If she fails to comply, an unlawful detainer action can be filed. Question: Three roommates signed the lease. If one roommate pays the rent every month from… Read More

Question: If a guest causes problems or damages the property, what is my recourse? Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act.  If they fail to pay, a three-day notice to perform conditions and covenants or quit can be served. Question: If someone owes late charges and NSF check charges, do I give them a three-day notice to pay rent? Answer: The three-day notice to pay rent or quit should only include rent – no late charges. A separate notice to perform covenant for late charges can… Read More

Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who are now at the point of wanting to vacate because of these complaints. What should I do? Answer: If the disturbances are major and continuous, the court may grant an eviction based upon a three-day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must be severe, and there must be witnesses to prove your case in court if the case is contested. Question: If you state in the month-to-month contract… Read More

Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept by the landlord? Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the tenancy is month-to-month or until the premises are relet, whichever occurs first. Question: I have signed a lease for one year with a tenant, and now he wants to leave after four months. What is my recourse? Answer: The tenant is responsible for the rent up to the date the lease expires or the date… Read More

Question: How can we determine if roaches in an apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches? Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal. Question: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the sublessee?… Read More