Question: New tenants moved in last month. The wife now wants me to take her name off the lease because she is moving out and getting a divorce. They agreed to a one-year lease. What can I do? Answer: You are not legally required to release the wife from liability under the lease. If you do, and the husband is unable to pay or declares bankruptcy, you would not be able to pursue your losses from the wife. Question: One of our tenants owes us for past-due rent, and part of his security deposit.  He has given us a check… Read More

Question: Our tenant’s lease is up in six weeks. Can we serve a 30-day notice at the beginning of the last month of their lease if we do not want to renew? Answer: Unless your lease requires a 30-day notice of intent not to renew, California law does not require either the tenant or landlord serve a 30-day notice to terminate a fixed term lease. If the tenant remains in possession after the lease expires without the landlord’s permission, an immediate unlawful detainer action can be filed. Question: When not renewing a one-year lease, do I have to give the… Read More

Question: I own a fourplex. Unit B has two cars, and one is broken-down. What kind of demands can I place on B about the broken-down vehicle? Answer: You can create a lease term by requiring that all vehicles be in operable condition or be towed. To put this into place, you need to either serve a 30-day notice of change of terms to a month-to-month agreement, or wait until the lease expires and have the new condition in the renewal lease. Question: I rented a condominium unit to a couple on a year’s lease. After one month, they had… Read More

Question: Can I ban alcohol in the pool area? Answer: You can control the common areas of the premises, so you could ban the use of alcohol in the pool area. Question: Do I give a 60-day notice on a month-to-month tenancy for a rent increase of 10 percent? Answer: No, a 30-day notice is all that is required, unless the increase is more than 10 percent of what the rent was one year ago. Question: In our lease agreements, we require tenants to pay their rent on the first of the month.  If the first falls on a holiday,… Read More

Question: I have tenants who recently divorced. The husband has moved out. Can we take him off the rental agreement? Answer: It is not in your best interest to take him off the lease as he is still responsible for the lease payments even though he moved out. To remove him, you would need to get his permission and consent. Question: Is there a smoke-detector ordinance that requires an owner to perform an annual smoke detector inspection in each unit? If so, what is the purpose of the smoke-detector agreement? Answer: California state law does not require an annual inspection… Read More

Question: Does the acceptance of rent from someone who is not on the lease mean I’ve accepted him as a tenant? Answer: Accepting a third-party check does not by itself necessarily indicate that you have accepted this person as a tenant. It is a good idea to indicate that this is being received on behalf of the tenant and does not indicate any tenancy relationship between you and the check writer. Question: I am having a bit of a problem with a repeat visitor on my property. He is a young man who knows a lot of the children who… Read More

Question: I do not know how to start the 30-day notice to terminate. I have given a three-day notice for non-payment of rent, but I do not know what to do next. Answer: If the tenant has not complied with the three-day notice, there is no reason to serve a 30-day notice. Instead, you may start the unlawful detainer process in court immediately. Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first, and if it is not received by the fourth,… Read More

Question: I am considering leasing to a corporation for use by their relocating personnel and/or short time visitors. Who/what do I name as the tenant (s) to assure that any future legal action can be handled expeditiously? Answer: List the corporation and all occupants who are 18 or older as tenants on your lease documents. Question: Can tenants change their locks without permission and refuse to provide a key to the property manager? Answer: Most leases restrict any alterations to the premises without your permission or consent and most leases specifically restrict changing locks without the landlord’s permission. Question: If… Read More

Question: One of our tenants is moving out, but the roommate wants to stay and invite a friend of hers to take the outgoing tenants’ place. How do we indicate this on the lease? Answer: One way is to draw up a new lease, assuming the new person meets your rental standards, with new signatures unless you want to hold the vacating tenant responsible for the remainder of their lease. In that event, simply add the new tenant to the lease and have them sign. Question: Our tenants deposit their rent directly into our bank account. This has worked well… Read More

Question: One of our tenants was recently arrested and is incarcerated. How does this affect his lease? Is it considered abandonment? Answer: The incarceration of a tenant does not have a legal effect on the tenant’s right under the lease. If the tenant breaches any part of the lease agreement, such as non-payment of rent, the landlord may take legal steps to evict, and can serve notices to the tenant while in jail. Question: One of our residents is a day sleeper and complains about the noisy children next door. They are under school age, and I don’t know how… Read More