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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
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
Tagged: ColumnsComplianceLegal Q&A
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
Tagged: ColumnsComplianceLegal Q&A
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
Tagged: ColumnsComplianceLegal Q&A
Question: I have a tenant who caused a fire in an apartment which resulted in a substantial amount of damage. The fire department concluded the tenant was at fault. Can he be liable for my deductible? And, can I take it out of his deposit?
Answer: Yes, in fact he is responsible for all losses suffered (your insurance company may want to pursue him).
Question: I have renters who recently informed me that they are moving. The lease does not end for another six months. Now what happens?
Answer: The tenants are liable for the rent up to the date… Read More
Tagged: ColumnsComplianceFAQsLegal Q&A
Question: Can I give a rent increase anytime during the month or just on the first day of the month?
Answer: If you have a month-to-month tenancy with the tenant, you can serve a written 30-day notice (or 60-day notice if you are increasing the rent more than 10 percent within the last 12 months) to increase the rent at any time of the month.
Question: We are planning on selling a rental house. The tenants said they do not want a lock box put on the front door. Can we do it anyway? Do we still have to give… Read More
Question: How long do I have to mail the tenant the itemized security deposit?
Answer: You need to send an accounting for the use of the security deposit within 21 days from the date you took back possession. If you do not have all of the amounts or receipts in time, you should give the tenant an estimate and then send the final amount within 14 days after you receive the final amounts and/or receipts.
Question: I have a lease with a tenant that terminates next month, and he has been given notice that the lease is not being renewed.… Read More
Question: If a resident dies and was on a lease, does the estate still owe rent up until someone new moves in? What about a month-to-month agreement? Obviously the person couldn’t give a 30-day notice.
Answer: Death does not terminate term lease obligations. The resident’s estate remains responsible through the end of the lease term, unless the resident’s estate relinquishes possession of the premises to the landlord, and the landlord is able to re-lease the premises to a new tenant. Month-to-month residential tenancies terminate 30 days after the last rental payment by the deceased tenant (Civil Code §1934). A 30-day… Read More
Question: How can we determine if the roaches in the apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches?
Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal.
Question: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I have a two-bedroom apartment rented to two roommates. One roommate always pays the rent on time. The other roommate is habitually late. Can I do an eviction based on a partial payment even though the month is not over?
Answer: Both tenants are responsible for the entire amount of the rent so long as they are on the same rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance of the rent and name both roommates. If they do not comply, commence an unlawful detainer action naming both.
Question: I believe that… Read More