Question: Our tenant owes us back rent and is stating that he is probably going to file bankruptcy. We’ve been trying to work with him but are getting nervous now.  Do we lose all the back rent if he files bankruptcy? Answer: It depends. If he files a Chapter 7, there is little hope. If he files a Chapter 13, you may receive all or a portion of the back rent. Question: If a tenant’s rent is due on the first day of the month and there is no grace period, what is the earliest date I can serve a… Read More

By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq. Question: I entered my resident’s unit yesterday to check the smoke detectors and found that she is hoarding. I couldn’t even walk into a few of the rooms because there was so much personal property inside. Can I serve her a three-day notice to quit? Answer: No. Hoarding is recognized as a mental disability. Before you can evict, you generally must give the resident an opportunity to bring her unit into a safe and sanitary condition. If the resident refuses to take steps to remedy the condition of the unit… Read More

By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.   Question: My resident has asked for an accommodation, and I don’t think they’re disabled. Can I force them to get a note from their doctor? Answer: No. While you are entitled to written verification that a resident’s condition meets the definition of disability under California law and to verify there is a disability related need for the accommodation, you may not require this note to only come from a doctor. Any sufficiently reliable third party, which would include a doctor, may provide verification. Question: Can I require an applicant… Read More

By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.   Question: What is the difference between a companion animal and a service animal? Answer: There is no difference. In the eyes of the law, they are both types of assistive animals for persons with disabilities. Question: I have an applicant who uses a wheelchair. She wants me to put a ramp into her unit, widen her doorways and install a roll-in shower for her. Do I have to do this? My property was built in 1972. Answer: As long as your property is not federally funded, you do not… Read More

Question: We had to evict a real troublemaker recently, but he keeps coming back to the property to use the swimming pool and hot tub. He is not anyone’s guest, and some of the residents are frightened of him. What should I do? Answer: Calling the police for a criminal trespass and disturbance of the peace is the first recommended action. Question: I have a suspicion that one of our tenants falsified his application by giving me a different name and Social Security number than his own. If I can prove this, what are my rights? I have a six-month… Read More

Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights. Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings. Question: I have a tenant who always “races” … Read More

Question: While on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect? Answer: California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient. Question: I have been a resident manager for over four years and would like to know what a manager can do other than evict when a tenant continues to cause disturbances, e. g.… Read More

Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents and they have complained numerous times. I have explained that the lease allows pets. What can I do? Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also… Read More