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Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the common areas of the premises after an eviction.  Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as owner? Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is trespassing. The common area… Read More

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With any live webcast, though, scheduling conflicts and interruptions can make attendance impossible -- or at least difficult to pay attention. That’s why we’re posting some highlights from the Dec. 9 webinar. First, make sure you're logged into our website as a member. Then, open this link and then click on the pdf icon. The YouTube video will then appear. Watch, and in 10 minutes, you’ll get a rundown on how six rental-housing specific laws will affect your business in 2015.

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Question: How long is an eviction kept on credit reports? Does it state the apartment complex or the owner’s name on the credit report? Answer: Credit bureaus delete judgments from a consumer’s credit report after seven years. The apartment complex will appear on the credit report as the plaintiff in the eviction case if the case is filed in court with the apartment complex named as the plaintiff. Question: I have a resident who was just put in a detoxification clinic. Her sister wants me to allow her inside to remove all of her personal possessions and move her out… Read More

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Question: My renter was backing downstairs, carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me? Answer: You would only be liable if you were negligent in the way you maintained the stairs, and your negligence was a proximate cause of the injury. You should notify your insurance carrier as soon as possible. Question: Our window was broken by a golf ball hit by the tenant of a neighboring property. They admitted they owed me for a new window but moved away before I could collect on it.… Read More

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The California Apartment Association on Dec. 1, 2014, published three new rental forms, as well as revisions to more than a dozen existing forms and related instruction sheets. The Compliance Committee made these changes based on member requests and questions. A complete list of changes appears in the Forms Change Chart. All are accessible through our rental forms page. Summaries of the three new forms: Form 5.4 Change of Occupancy: This form allows one or more occupants of a unit to change, without the need for a new rental agreement Form 16.4 Resident’s Request for Maintenance Review: This form offers… Read More

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Question: We have served our tenant a 60-day notice of termination of tenancy; however, the renter has quit paying the rent. Now we are preparing to send a three-day notice to pay rent or quit. What is the next step if the tenant doesn’t pay? Answer: If the tenant does not comply with the three-day notice by paying the rent, you can commence eviction procedures. If the rent owed is paid, the 60-day notice is still valid unless you asked for rent that goes beyond the 60-day notice period. Question: Our tenants were supposed to move out in two weeks.… Read More

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A number of new California laws will have a direct impact on rental property owners and managers in 2015. Don’t get caught off guard. Make sure you understand upcoming laws on issues including water submeters, electric-vehicle charging stations and electronic signatures on rental agreements. Ensure compliance with these pieces of legislation and many others by taking the California Apartment Association’s next webinar, New Laws Affecting Rental Housing in 2015. The online presentation runs from 2 p.m. to 3:30 p.m. Tuesday, Dec. 9. It’s free to CAA members and $45 for non-members. Registration is online only. Click here to enroll. You’ll… Read More

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Question: Our tenant, who has lived there for more than one year, is on a month-to-month term, and the house he is renting has been listed for sale. We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened. Is that correct? Answer: A 30-day notice may be given in these circumstances only: if it is a single-family residence, the buyer is going to move in and live there for at least one year; the notice is given within 120… Read More

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Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units. The lease only allows three persons and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do? Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More

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Question: I am an owner of several small apartment buildings. What legal responsibility and liability does an owner have for changing locks when changing tenants? Answer: An owner or manager of rental property is held to the same standard of care that would be required by a reasonable and prudent owner or manager in like circumstances. In other words, if one of your residents claims he or she was robbed or injured by someone who had a key to his or her apartment, this person could claim you were responsible. The tenant could prevail in court if the trier of… Read More

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