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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

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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

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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

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Question: I have a tenant who I strongly believe is selling and using drugs. What actions can I take without having any evidence? Answer: In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise, if you are on a month-to-month tenancy, you can serve a 30- or 60-day notice without cause, unless you are in a rent controlled area. Question: Our tenants have just informed us via telephone that their rent check will bounce, they don’t plan to cover it, and they intend to vacate… Read More

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Question: My tenant has verbally notified me that he will be terminating the lease in two weeks and said to use the deposit for the two weeks rent. The contract is a month-to-month and requires 30 days notice. What can I do? Answer: You may consider giving the tenant a three-day notice to pay rent or quit for the rent owed, since a verbal notice has no legal effect. Question: I would be interested in knowing what to do when a resident is demanding a repair be made inside of their apartment, but at the same time is demanding that… Read More

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Question: Upon reading a “Three-Day Notice to Pay Rent or Quit,” I noted the statement, “…plus Owner/Agent may seek to recover an additional punitive award of $600.00 (six hundred dollars) in accordance with California law.” I would like to know the Civil Code Section allowing for this punitive damage. Answer: The code section is California Code of Civil Procedure Section 1174(b). The section allows for up to $600 if you can prove malice. Question: I had a tenant move out several months ago. I returned about $600 of his $1,000 deposit. He disputes all but $50 of the deductions and… Read More

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Question: If we serve a three-day notice and the tenant decides to move out, is the tenant responsible to pay the monthly rent until the apartment is leased? Answer: The tenant is still liable for the rent until the lease expires or the apartment is relet, whichever occurs first even if he vacates pursuant to a three-day notice to perform or quit. Question: I have a tenant who decided not to move in after signing a six-month lease and leaving a deposit. Can I hold her to the lease agreement that she signed? Answer:  Once the tenant has signed the… Read More

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Question: One of our residents threw a wild New Year’s Eve party, causing disturbances to other residents. The police were called, but no arrests were made. They have also been consistently late in paying rent so we have decided to terminate their tenancy. What is the best way of doing this? Answer: If you are on a month-to-month agreement, you can serve the appropriate 30- or 60-day notice (60 if they have been in possession for one year or longer). If not, you would have to prove a breach of the lease or that the disturbances constituted a nuisance which… Read More

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In a column, California Assemblyman and gubernatorial candidate Tim Donnelly says threats to Proposition 13 — particularly a split roll tax — would eventually cause rent hikes and hurt tenants. “There are no “free lunches,” Donnelly writes in his column. “Someone has to pay. The politicians believe they are sticking it to the income property investors – and this may be true for a year or two, but, eventually all costs get passed on to the tenant.”

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Question: How long does an unlawful detainer judgment stay on the tenant’s record? Answer: As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10 percent per annum, and can be renewed for an additional 10 years. Question: I represent an owner of several buildings who has a few tenants that are past due on their rent. Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note… Read More

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