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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

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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

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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

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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

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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

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Beginning June 1, 2016, rental agreements for properties with wood-burning heaters or fireplaces  throughout the San Francisco Bay Area must include a document describing the health hazards from burning wood or any solid fuel as a source of heat. The disclosure document is required within the boundaries of the Bay Area Air Quality Management District, which includes all of the following counties: Napa, Contra Costa, Alameda, Santa Clara, San Mateo, San Francisco and Marin, and part  of Solano and Sonoma counties.  Exact boundaries can be found here. The disclosure requirement is part of the air quality district’s wood smoke rule,… Read More

Tagged: Contra CostaSan Francisco Apartment AssociationTri-CountyNorth Bay

Question: I have a two-bedroom apartment rented to two roommates. One roommate always pays the rent on time. The other roommate is habitually late. Can I do an eviction based on a partial payment even though the month is not over? Answer: Both tenants are responsible for the entire amount of the rent so long as they are on the same rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance of the rent and name both roommates. If they do not comply, commence an unlawful detainer action naming both. Question: I believe that… Read More

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Question: A resident is suspected of violating their lease agreement by having an unauthorized occupant and does not want to add that person to the lease. What is the best method of verifying the unauthorized person’s residency? Answer: You should require that they fill out an application and apply for the unit. If they are approved then they should sign the lease. If they refuse, a three-day notice to perform conditions/covenants or quit should be served, and if they still fail to comply, commence the eviction process. Question: We have problems with tenants requesting repairs on the appliances. We inspect… Read More

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Question: We normally keep original rental agreements, however, when would a copy not suffice? Answer: The court requires the original unless it is lost; so you have to either produce it or testify under penalty of perjury that the original was lost without fraudulent intent. Court action is the main reason why you should keep originals. Question: One of our tenants had a problem with the garage gate at a complex we manage. Apparently the gate closed on his car without notice. We suspect that what he is telling us is true because we have experienced a similar problem ourselves.  … Read More

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Question: We have added a number of clauses to our rules and regulations addendum and wish to have our tenants sign the new form, as well as the CAA addendum about mold. How do I proceed? Answer: If you are on a month-to-month tenancy, you can unilaterally require they abide by the new terms by properly serving a 30-day notice of change of terms of tenancy and attaching the mold addendum to it. If they are on a fixed-term lease, you must wait until the lease expires for them to renew and sign a new lease with the mold language… Read More

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