News: Legal Q&A

Legal Q&A: Minimize risk when rejecting tenant application

January 16, 2015

Question: What is the best way to say no to an application and avoid a discrimination lawsuit? The prospect’s credit is worse than he said it was, and I want to avoid trouble. Answer: You are required by law to inform the tenant of the reasons in writing for denying the application if the reason was partially or wholly based upon the credit report. The best way to deliver this news is to inform the prospective tenant that if he or she can get the credit history cleaned up, you would be happy to have this person reapply. Reject the… Read More

Tagged: Compliance Legal Q&A Security Deposits Application and Screening Process

Legal Q&A: Can I ban pit bulls while allowing other pets?

January 8, 2015

Question: My rental property is a house in a rural area. I do allow animals but do not want any pit bulls. Can I specifically state that? Answer: You can determine what type of animals, if any, you allow on the property and should make this clear in the lease or lease addendum. If the animal is a support animal for a disabled resident, however, different rules apply. Question: Our tenant has a roommate who is paying him half the rent. The roommate is not on the rental agreement. When the tenant vacates, can I ask the roommate to also… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: Can tenant legally break lease to move for job?

January 1, 2015

Question: Can a resident legally drink alcohol in the outdoor common areas of an apartment community? Answer: Landlords have the right to restrict the drinking of alcohol in the common areas of the premises. Question: My tenant vacated and has damaged the unit more than the security deposit will cover. The tenant had a co-signer on the agreement. I have written the tenant and co-signer with no response after 30 days. Do I file a small claims action against both the tenant and the co-signer or should they be separate lawsuits? Answer: You can file against both of them in… Read More

Tagged: Columns Compliance Legal Q&A Security Deposits

Legal Q&A: Evicted tenant trespassing in common area

December 18, 2014

Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the common areas of the premises after an eviction. Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as owner? Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is trespassing. The common area… Read More

Tagged: Columns Compliance Legal Q&A Abandonment

Legal Q&A: Tenant in rehab, and sister wants access to unit

December 9, 2014

Question: How long is an eviction kept on credit reports? Does it state the apartment complex or the owner’s name on the credit report? Answer: Credit bureaus delete judgments from a consumer’s credit report after seven years. The apartment complex will appear on the credit report as the plaintiff in the eviction case if the case is filed in court with the apartment complex named as the plaintiff. Question: I have a resident who was just put in a detoxification clinic. Her sister wants me to allow her inside to remove all of her personal possessions and move her out… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: Could landlord lose shirt over tenant’s injury?

December 4, 2014

Question: My renter was backing downstairs, carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me? Answer: You would only be liable if you were negligent in the way you maintained the stairs, and your negligence was a proximate cause of the injury. You should notify your insurance carrier as soon as possible. Question: Our window was broken by a golf ball hit by the tenant of a neighboring property. They admitted they owed me for a new window but moved away before I could collect on it.… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: Tenants scheduled to vacate, but their new home isn’t ready

November 21, 2014

Question: We have served our tenant a 60-day notice of termination of tenancy; however, the renter has quit paying the rent. Now we are preparing to send a three-day notice to pay rent or quit. What is the next step if the tenant doesn’t pay? Answer: If the tenant does not comply with the three-day notice by paying the rent, you can commence eviction procedures. If the rent owed is paid, the 60-day notice is still valid unless you asked for rent that goes beyond the 60-day notice period. Question: Our tenants were supposed to move out in two weeks.… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: Wife is on lease, but restraining order says keep out

November 13, 2014

Question: Our tenant, who has lived there for more than one year, is on a month-to-month term, and the house he is renting has been listed for sale. We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened. Is that correct? Answer: A 30-day notice may be given in these circumstances only: if it is a single-family residence, the buyer is going to move in and live there for at least one year; the notice is given within 120… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: I suspect five people are living in a one-bedroom unit

November 6, 2014

Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units. The lease only allows three persons and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do? Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More

Tagged: Columns Compliance Legal Q&A

Legal Q&A: Do I need to change the locks for new tenant?

October 28, 2014

Question: I am an owner of several small apartment buildings. What legal responsibility and liability does an owner have for changing locks when changing tenants? Answer: An owner or manager of rental property is held to the same standard of care that would be required by a reasonable and prudent owner or manager in like circumstances. In other words, if one of your residents claims he or she was robbed or injured by someone who had a key to his or her apartment, this person could claim you were responsible. The tenant could prevail in court if the trier of… Read More

Tagged: Columns Compliance Legal Q&A

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