News: Legal Q&A

Filter

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:

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

Tagged:

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:

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:

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:

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

Tagged:

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:

Question: Do I have to pay a tenant interest on his security deposit? Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit.  However, some rent control ordinances and/or other local ordinances do require interest to be paid. Question: We served a three-day notice to pay rent or quit.  What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served? Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving… Read More

Tagged:

Question: I have returned the balance of the security deposit to a former tenant after deducting cleaning charges and insufficient check bank charges. The former tenant claims that I cannot legally deduct the bank charges from the security deposit because that deduction was not specifically stated in the lease. What are my rights? Answer: California law allows for the use of the security deposit to include other charges than just cleaning, damage and unpaid rent. There is no legal requirement that they must be specified in the rental agreement in order to be enforced by a court. Question: Our tenant… Read More

Tagged:

Question: I understand a security deposit refund must be postmarked within 21 days of vacating the premises. Is that correct? Answer: The security deposit must be mailed within 21 calendar days of the tenant vacating the unit. Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need to send him through the eviction process or if there is anything else I can do to get him out. Answer: You need to send him through the eviction process. If he… Read More

Tagged: