Question: How long should we retain old leases at our apartment complex? I have heard two years. Is this correct? Answer: The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy. Question: One of our tenants is buying a home and gave us a 30-day notice. Now the tenant wants to extend escrow 15 more days beyond the 30-day period. The tenant is willing to pay for the additional rent. Should we require a new 30-day… Read More

Question: I served a three-day notice to pay rent or quit to one of our tenants. I received a partial payment within the three-day period. Do I have to serve another notice for the remainder of the rent, or is the notice still good? Answer: Under California law, a residential landlord who accepts partial payment of rent demanded on a three-day notice is required to serve a new notice for the balance owed. Question: How do we get rid of tenants who have filthy units? They always pay on time. Answer: If the condition of a residential tenant’s apartment unit… Read More

Question: I purchased a rental property two years ago, and the security deposits need to be increased.  Most of the deposits are $600 and need to be increased to $900.  What is the best way to do this? Answer: If they are on a month-to-month agreement, you can serve a 30-day notice changing the terms of the tenancy to increase the deposit amount.  You can charge up to twice the amount of the monthly rent if the unit is unfurnished. Question: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit?  Is it… Read More

Question: I just bought two four-plexes. I have a “no pet” policy. One tenant has a dog, cat and five kittens. How do I change the pet policy as the new owner? Answer: If they are on a month-to-month, you can serve a 30-day notice changing the terms of the tenancy to a “no pet” policy. If they are on a fixed-term lease, you can make “no pets” a condition of a renewal of the lease, but not until it expires. Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy… Read More

Question: I have a “Guarantee of Rental Agreement” from the mother of a tenant. The tenant is 12 days late with the rent. Do I have an obligation to notify the mother and give her the chance to pay? What is my recourse against her if she refuses to live up to the guarantee agreement? Answer: Notifying the guarantor may be a requirement depending upon the language of the guarantee agreement. You may want to advise the guarantor in any event and send her a courtesy copy of the three-day notice before taking action. Question: Is it necessary that a… Read More

Question: The previous owner of an apartment building I recently purchased allowed the tenants to pay half a month’s rent on the first and the other half on the 15th of the month. The lease, however, says it is all due on the first and I want to enforce the lease. What, if any, legal problems do I face? Answer: California judges may find that there has been a modification of the payment terms of the agreement by “mutual consent and execution” of the new payment terms. Many leases have a provision which states that one waiver of strict enforcement… Read More

Question: I rent out a three-bedroom home with a covered patio that I have turned into a fourth bedroom. There are four individual people renting. My question is, can I call it renting rooms or am I renting a house to four different people? Answer: It is better if you rent the house to all four under one lease with each tenant being “jointly and severally” liable, meaning they are individually responsible for the lease, as well as collectively. Question: We have a policy of allowing prospective tenants who have poor credit to qualify if they have a qualified guarantor… Read More

Question: One of the recent applicants to our apartment community claims he is paid “under the table.” How do I verify his income? Answer: You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If they fail to otherwise qualify, deny his rental application. Question: One of our tenants was recently arrested and has not paid the rent. We served a notice by “nail and mail,” and it has been over three days. How do we serve the unlawful detainer (eviction) on the tenant while in jail? Answer: Most jails will… Read More

Question: I rented an apartment to a young man; he signed a one-year lease and paid the deposit and first month’s rent in full. He moved in today, and less than 24 hours later, he is requesting to get out of his lease because another apartment that he prefers became available. Is there any kind of buyer’s remorse on signing a lease? Answer: Your tenant is obligated to pay rent through the lease term or until the time the premises are relet, whichever occurs first. There is no buyer’s remorse. Question: In one of my books on landlord/tenant law, it… Read More

Question: There was a grease fire in one of our rental units due to a tenant’s lack of knowledge of cooking.  What is my obligation to provide alternate accommodations for this tenant? Am I required to keep her as a renter? Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a three-day notice to quit. Question: The tenants living in one of our apartments signed a one-year lease which states that there will be no pets allowed. They now have two cats in… Read More