News: Compliance

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Question: My tenant claims that since she moved out on Day 3 of the three-day notice to pay rent or quit she is not responsible for any rent. Is that true? Answer: That is false. Your tenant cannot “benefit from her breach.” She is still responsible for the remainder of her lease term or until you re-rent the property, whichever occurs first. Question: I have three roommates on a lease. One of them moved out. Do I have to refund his portion of the security deposit? Answer: No. The security deposit remains with the apartment. You do not need to… Read More

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Question: My lease states that the rent is due on the first of the month. If the first of the month falls on a weekend, can I require my tenants to pay rent on the weekend — if my rental office is open on the weekend? Answer: No. If the rent is due on the first, and the first of the month falls on a weekend or holiday, pursuant to California law, the tenant has until the next business day to pay the rent. For example:  If the first falls on a Saturday, the resident has all day Monday to… Read More

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Question: I have a resident who has bed bugs in his unit. He refuses to allow access to his unit so that we can start treatment. Can we evict him? Can we charge for the cost of treatment? Answer: First, you need to send a notice to perform covenant or quit for refusal to allow access. If your resident fails to provide access prior to the expiration date of the notice, you can start the eviction process. As for charging the resident for treatment, if you can show that the resident is responsible for the infestation, you should be able… Read More

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Wasting water could cost California landlords and tenants hundreds of dollars and constitute a criminal infraction. This week, the state’s Water Resources Control Board made violating some water conservation measures akin to a traffic ticket. About the measure In light of California’s severe drought — and insufficient water conservation over the past several months — the California Water Resources Control Board has banned the following: Washing down driveways and sidewalks Watering of outdoor landscapes that cause excess runoff Using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle Using potable water in a… Read More

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Question: I served a three-day notice to pay rent or quit on a tenant, and the renter paid with a personal check. The check has since bounced. Do I need to serve another three-day notice to pay rent or quit? Answer: The bounced check is not payment, so you can file on the original three-day notice. Question: Can I accept rent after serving a notice for an issue other than payment? For example: an unauthorized occupant notice. Answer: You should always check with a knowledgeable attorney to determine whether you should accept rent or not if the notice served was… Read More

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Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit? Answer: When a tenant passes, the month-to-month tenancy is terminated 30 days from the date of the decedent’s last rent payment. Therefore, you have 21 days from that date to account for the security deposit assuming that you have taken over possession of the unit. If anyone else is claiming a right to possession, you would need to go through the eviction process. Question: We rent garages out… Read More

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A California law taking effect July 1 aims to eventually phase out smoke detectors that take replaceable batteries. For now, however, landlords just need to make sure they’re existing smoke alarms are working.  So don’t go ripping your nine-volt powered smoke alarm from the ceiling. The law first focuses on the folks selling smoke detectors. It says battery-powered smoke alarms sold in the Golden State must have non-replaceable, non-removable batteries that last for at least 10 years. This regulation, however, has a yearlong exception that will keep old-fashioned-but-in-stock smoke detectors from going to waste. Property owners, managing agents, contractors, wholesalers… Read More

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Question: A tenant has left a lot of personal property after vacating. How do I determine the value of the items left behind? Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Online resources such as Craigslist can be used to help substantiate a value assigned to an item. Remember that it is replacement value, not the cost of purchasing a new item, that’s important in determining what you can do with the property. After you’ve provided proper notice, unclaimed property worth less than $700 can be disposed of any… Read More

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Proposed changes to warning requirements under Proposition 65 fail to clarify when signs are needed and pose unnecessary burdens and risks to the rental housing industry, the California Apartment Association said this month. These are among the sentiments in CAA’s June 9 comments to the Office of Environmental Health Hazard Assessment (OEHHA), regarding the agency’s pre-regulatory proposal to change the warnings required under Prop 65. CAA’s comments also ask that its members be permitted to continue using current Prop 65 warning signs, which differ only slightly from those proposed by OEHHA. Extensive comments were also submitted by the California Chamber… Read More

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Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state? Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live. Question: Can an owner/property manager require that a tenant secure renter’s insurance? Answer: Yes, to protect… Read More

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