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Question: I recently won an unlawful detainer case against a tenant, and a lockout by the sheriff has been scheduled. Now I get a notice that somebody I never heard of says that he is a tenant and entitled to a trial and that the lockout will not be going forward as scheduled? How can this be?
Answer: It seems that your unknown tenant has filed a third-party claim. A landlord can protect himself from such tactics by serving, at the time of service of the unlawful detainer, all unknown occupants.
Question: I own a unit that is rent-controlled. I… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: The non-payment of rent notice I served on the tenant has expired. The tenant is now trying to pay the rent, but I do not want to accept payment and would like to return it. How can I return the payment?
Answer: You can return the tenant’s payment by personal delivery or sending it by regular mail. You are not required to send it by certified mail. It is important to return the payment as soon as possible.
Question: I have an ongoing unlawful detainer against one of my tenants, but the person is continuing to create a disturbance… Read More
Tagged: ColumnsComplianceLegal Q&A
Having a well-maintained landscape and common areas makes being outside pleasurable for your residents and adds value to your property.
Here are a few tasks to ensure your landscape and common areas look beautiful throughout spring — and the many months ahead.
Irrigation
With Gov. Brown having declared a drought in California, make sure your landscape continues to receive the right amount of water to thrive without wasting one of our state’s most precious resources.
It’s especially important for you and your landscape professional to check your irrigation system regularly and verify that water coverage is appropriate. Look for broken… Read More
Tagged: Columns
Question: One of my tenants vacated the property and left his roommate behind. Both signed the rental agreement, and now the tenant who vacated is demanding his share of the security deposit be returned to him. Is he right? What should I do?
Answer: You are not required to return or account for the use of the security deposit until you regain possession of the property after the tenants have vacated. California requires the deposit be accounted for in writing and sent to the last known address of the tenants no later than 21 days following the return of possession… Read More
Question: We have a tenant who has been provoking other tenants, so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do?
Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the 30-day notice to expire. You… Read More
Tagged: ColumnsComplianceLegal Q&A
Starting with taxes for 2013, a 3.8 percent Medicare tax applies to net investment income for some.
Net investment income is net investment after deductions properly allocable to that income.
The Medicare tax applies to investment income exceeding one’s “modified adjusted-gross income.”
That threshold is $250,000 for married taxpayers filing jointly; $125,000 for married taxpayers filing separately; and $200,000 for all others.
Investment income includes income earnings from interest, dividends, royalties, rents, and net gains from the disposition of property. It does not include income derived in the ordinary course of a trade or business.
Individuals whose rentals show either… Read More
Question: I want to rent out our condominium (we are buying a new house), and I need to know how much I can charge for a security deposit. Can I also charge a cleaning, pet and key deposit?
Answer: California law limits the amount of a residential security deposit to twice the amount of the monthly rent if unfurnished, or three times the amount of the monthly rent if the property is furnished. The legislature recognizes all deposits as a security notwithstanding how the parties are identifying it. All deposits, taken together, cannot exceed these limits.
Question: The lease for… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I want to serve a three-day notice to pay rent or quit to a tenant who is very late on his rent. The rental amount listed on the lease is $875 plus $25 for parking. The tenant has paid the $900 for the past 24 months. Which amount should be placed on the notice?
Answer: It is safer to serve a separate three-day notice to pay rent or quit, as well as a three-day to perform conditions and covenants or quit for the parking charge at the same time. If they do not pay either one, or both, you… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: After a lease expires and it is month-to-month, how much notice must a tenant give me in order to legally terminate the lease? He says one week. Is this true?
Answer: In California, 30-days written notice is required to terminate a month-to-month tenancy and can be served by either party at any time during the tenancy. If all of the occupants have been in possession for one year or longer, the landlord must serve a 60-day notice.
Question: Someone told me that if a resident is committing a crime on the premises they can be evicted in three days. … Read More
Question: A tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do?
Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore the tenant… Read More
Tagged: ColumnsComplianceLegal Q&A