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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: I have a prospective tenant whose company will pay his rent as a perk to his job. Who must sign the lease?
Answer: It is our strong advice to have both the company and the individual sign the lease. If the employment is terminated, you would have a stranger in your unit without a signed lease.
Question: If a guest causes problems or damages the property, what is my recourse?
Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act. If they fail to pay a three-day notice… Read More
Question: We served a 60-day notice of termination of tenancy on a renter. We have not received a rent payment yet, so we served her a three-day notice to pay rent or quit. Do you recommend that we start eviction proceedings now or do we wait until the notice expires?
Answer: You should proceed immediately with the eviction; if they do not have enough money to pay you, they may not have enough to move out.
Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who… Read More
Tagged: Legal Q&A
Question: After a 60-day notice expires, can I change the locks and have the resident’s belongings removed?
Answer: No, you must go through the eviction process if they did not comply with the 60-day notice. In
any case, before you act, you should consult with an attorney.
Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept
by the landlord?
Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the
tenancy is month-to-month or until the premises are… Read More
Tagged: Legal Q&A
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
Question: Does the acceptance of rent from someone who is not on the lease mean I have accepted him as a tenant?
Answer: Accepting a third-party check does not by itself necessarily indicate that you have accepted this person as a tenant. It is a good idea to indicate that this is being received on behalf of the tenant and does not indicate any tenancy relationship between you and the check writer.
Question: I am having a bit of a problem with a repeat visitor on my property. He is a young man who knows a lot of the children… Read More
Tagged: Legal Q&A