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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

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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

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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

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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

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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

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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

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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

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Stephen Pahl and Michael Pierce helped audience members bone up on legal issues surrounding pets and assistive animals during their presentation at April’s CAA Connect – Northern California Rental Housing Conference & Expo. Click below to listen to highlights. Audio story by Mike Nemeth Get in-depth info Want detailed information on assistive animals in rental housing? Our Knowledge Base, an exclusive resource for members, has the following documents: Assistive Animals in Rental Housing: Questions and Answers Issue Insight: Pets & Companion Animals White Paper: Pets & Companion Animals: When is a Pet not a Pet? – Accommodating Persons with Disabilities

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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

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These days, owning and managing rental housing in California is more complicated than ever. Turn to “Managing Rental Housing” for help. This reference book, released this spring in its ninth edition, serves as the cornerstone of the California Apartment Association’s educational product lineup. The book provides step-by-step guidance, sample legal forms and precedent-setting court cases. You’ll want to keep this go-to guide for managing your investment on your office desk or bookshelf. Beneficial for both novices and experienced professionals in property management, “Managing Rental Housing” provides the practical information needed to operate your rental property efficiently, ethically and profitably in… Read More

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