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Question: My tenant claims that since she moved out on Day 3 of the three-day notice to pay rent or quit she is not responsible for any rent. Is that true? Answer: That is false. Your tenant cannot “benefit from her breach.” She is still responsible for the remainder of her lease term or until you re-rent the property, whichever occurs first. Question: I have three roommates on a lease. One of them moved out. Do I have to refund his portion of the security deposit? Answer: No. The security deposit remains with the apartment. You do not need to… Read More

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Question: My lease states that the rent is due on the first of the month. If the first of the month falls on a weekend, can I require my tenants to pay rent on the weekend — if my rental office is open on the weekend? Answer: No. If the rent is due on the first, and the first of the month falls on a weekend or holiday, pursuant to California law, the tenant has until the next business day to pay the rent. For example:  If the first falls on a Saturday, the resident has all day Monday to… Read More

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Question: I have a resident who has bed bugs in his unit. He refuses to allow access to his unit so that we can start treatment. Can we evict him? Can we charge for the cost of treatment? Answer: First, you need to send a notice to perform covenant or quit for refusal to allow access. If your resident fails to provide access prior to the expiration date of the notice, you can start the eviction process. As for charging the resident for treatment, if you can show that the resident is responsible for the infestation, you should be able… Read More

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Question: I served a three-day notice to pay rent or quit on a tenant, and the renter paid with a personal check. The check has since bounced. Do I need to serve another three-day notice to pay rent or quit? Answer: The bounced check is not payment, so you can file on the original three-day notice. Question: Can I accept rent after serving a notice for an issue other than payment? For example: an unauthorized occupant notice. Answer: You should always check with a knowledgeable attorney to determine whether you should accept rent or not if the notice served was… Read More

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Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit? Answer: When a tenant passes, the month-to-month tenancy is terminated 30 days from the date of the decedent’s last rent payment. Therefore, you have 21 days from that date to account for the security deposit assuming that you have taken over possession of the unit. If anyone else is claiming a right to possession, you would need to go through the eviction process. Question: We rent garages out… Read More

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Question: A tenant has left a lot of personal property after vacating. How do I determine the value of the items left behind? Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Online resources such as Craigslist can be used to help substantiate a value assigned to an item. Remember that it is replacement value, not the cost of purchasing a new item, that’s important in determining what you can do with the property. After you’ve provided proper notice, unclaimed property worth less than $700 can be disposed of any… Read More

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Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state? Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live. Question: Can an owner/property manager require that a tenant secure renter’s insurance? Answer: Yes, to protect… Read More

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Question: After serving a three-day notice to pay rent or quit, does the day of service count towards the three-day period? Answer: The first day of service does not count towards the three-day period. The first day to count is the day after service of the notice was completed. The tenant must have three full days after service before filing the summons and complaint. Question: May I demand a late charge in a three-day notice to pay rent or quit? Answer: No. Do not demand any other fees or charges other than the tenant’s past due rent in a three-day… Read More

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Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful detainer action. You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action. Question: I have an applicant who wants to bring her cat with her to the apartment. Can I require her… Read More

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Question: My tenant has been paying rent but owes for back utilities and late charges. Can I apply the tenants next rent check to outstanding utilities and serve a Notice to Pay Rent or Quit? Answer: Unless your lease contains specific language designating the order in which tenant obligations are paid, applying a check tendered for rent to other charges is risky. This is especially true if you have a past pattern of applying payments in a certain way. You can recover charges other than rent using a Notice to Perform Covenants or Quit. Question: My tenant is evading service… Read More

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