News: Compliance

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Question: We allow pets on our property but only in certain units.  Sometimes there are no pet units available. Is this policy legal? Answer: It is in the landlord’s discretion to allow or not allow pets or to allow them only in certain units. Just make sure your policy does not apply to assistive animals which are not considered pets. Question: A tenant’s child broke a glass shower door. Can I charge the tenant for the repair of the door? Answer: The tenant is liable for any damage done by its invitees, guests or other occupants of the premises. The… Read More

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Question: What is an estoppel certificate? The owner of the property I manage requested that each of the tenants sign an estoppel certificate. I did not want to appear unknowledgeable. Answer: An estoppel certificate is a document signed by the tenant certifying that the major terms of the lease are true and correct. Estoppel certificates are sometimes required during the sale of rental property so the buyer knows that the tenant understands and agrees to the major terms of the lease. Question: Can we legally restrict the number of automobiles our tenants can park on the property? There is open… Read More

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Question: Several of our tenants have complained to us about the neighboring property. The people who live there work on their cars in the driveway at all hours and have loud and wild parties almost each weekend until dawn. What are my legal responsibilities? Answer: You have a right to inform the owner of the neighboring property and request their assistance in resolving the problem. Recommend that your residents contact the police during the time of the disturbances. Question: What is the most useful information on the tenant’s application for collection purposes? Answer: The most useful for locating former residents… Read More

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Question: How long should I retain an application that was denied?  How long should the application and the rental agreement be saved after a tenant moves? Answer: The statute of limitations for fair housing cases ranges from six months to five years; the statute of limitations for a written rental agreement is four years. The statute of limitations is the time someone has to file a lawsuit. Therefore, you should keep your application documents a minimum of five years. Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case? Answer: The… Read More

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As an owner of rental property with a swimming pool, you may have read  about the new federal regulations that apply to pool wheelchair lifts in swimming pools.  Chances are, however, that the new  requirements don’t apply to your property. Still, confusion has abounded among rental housing owners and managers since the U.S. Department of Justice released its Americans with Disabilities Act Standards for Accessible Design. Unlike prior versions of the standards, last year’s release contains provisions relating to swimming pools and wheelchair lifts. For existing residential rental housing, these standards apply to new construction or major remodeling. So if… Read More

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Question: When typing up a new lease, should we use the spelling of the tenant’s name as it appears on the application or on the resident’s driver’s license? Answer: It is important to be consistent on how you spell the tenant’s name in the event legal action is necessary.  It is best to use the name exactly as it appears on the driver’s license and request that the resident fill out the application in a manner consistent with this request. Question: If a one-year residential lease is broken, what becomes of the security deposit? Answer: Once the tenants have vacated… Read More

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Question: I have a lease with two male tenants. The lease specifies two occupants only. One of the tenants has a girlfriend who’s spent the night every day of the week for the last month. How do you determine when a guest is an occupant? Answer: Unless the tenant admits to having another person move into the rental unit, you need to prove that they are occupying the unit through circumstantial evidence. Proof of facts such as receiving mail at the premises, coming to and from work on a daily basis, present on weekends, or making requests from management all… Read More

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Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves? Answer: You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized pets. If you can prove the pets are still there after the notice expires, you can file for unlawful detainer. Question: In assessing a late charge in a lease, is there a law… Read More

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Question: I have rented an apartment to an unmarried couple. The boyfriend’s mom is the co-signor. The boyfriend is moving out and wants his and his mom’s name taken off the lease. I don’t care if the boyfriend leaves, but I think his mom is still responsible. Am I right? Answer: Most co-signor agreements, also known as guarantee contracts, provide that the guarantee of performance is through the term of the lease. If so, the mom would most likely remain responsible, even if her son moves out. Question: My tenant has some damage to the outside window to the house… Read More

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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

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