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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: 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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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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  Question: If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix-up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit? Answer: Yes, and hopefully your lease clarifies this right. If the tenant fails to pay, you can serve a three-day notice to perform conditions and covenants or quit. Question: I have recently purchased a 20-unit apartment building. Must I have an apartment manager on site 24 hours a day,… Read More

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Question: We have a tenant who gave us verbal notice to vacate the premises. How do we calculate the rent owed? Answer: A verbal notice is of no legal effect. The time begins to run when the written notice was served. You are also required to attempt to relet the premises as soon as the tenant vacates to mitigate your losses. Question: Can you require that a guarantor for a rental applicant own property or be on the title to real property? Answer: Since you do not have to accept a guarantor, you can subject the guarantee to conditions such… Read More

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Question: I have a month-to-month rental agreement with a tenant and have given a 60-day notice to vacate. Since the service of the notice, the tenant has not paid the rent so I served him with a three-day pay rent or quit notice. Did that void the 60-day notice? Answer: The three-day notice would not invalidate the 60-day notice unless you asked for rent that went beyond the 60-day period. Question: The present rental agreement is for two tenants. One has passed away. Do I need to write a new rental agreement with the remaining tenant? Answer: You are not… Read More

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Question: What are we allowed, by law, to charge a tenant as a security deposit? Answer: You are allowed to charge up to twice the amount of the monthly rent as a security deposit, so if the rent is $1,000, you can charge up to $2,000 for your deposit. If the property is furnished, you can charge three times the amount of the rent. Question: We have added a number of clauses to our Rules & Regulations Addendum and wish to have our tenants sign the new form, as well as signing the CAA addendum about mold. Answer: If you… Read More

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