News: Compliance

Filter

Question: After serving a three-day notice to pay rent or quit, does the day of service count towards the three-day period? Answer: The first day of service does not count towards the three-day period. The first day to count is the day after service of the notice was completed. The tenant must have three full days after service before filing the summons and complaint. Question: May I demand a late charge in a three-day notice to pay rent or quit? Answer: No. Do not demand any other fees or charges other than the tenant’s past due rent in a three-day… Read More

Tagged:

On July 1, California’s minimum wage will increase from $8 to $9 an hour. It will increase again on Jan. 1, 2016, to $10/hour. These are the first increases since 2008. The lodging credit, which may be used to meet the minimum wage obligation for employees required to live on-site, will also increase. Minimum wage Lodging credit (one person) Lodging credit (couple) Current $8 $451.89 $668.46 July 1, 2014 $9 $508.38 $752.02 Jan. 1, 2016 $10 $564.81 $835.49 If you are paying minimum wage or using the lodging credit, update your agreement today. While you are automatically required to pay… Read More

Tagged:

Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful detainer action. You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action. Question: I have an applicant who wants to bring her cat with her to the apartment. Can I require her… Read More

Tagged:

Question: My tenant has been paying rent but owes for back utilities and late charges. Can I apply the tenants next rent check to outstanding utilities and serve a Notice to Pay Rent or Quit? Answer: Unless your lease contains specific language designating the order in which tenant obligations are paid, applying a check tendered for rent to other charges is risky. This is especially true if you have a past pattern of applying payments in a certain way. You can recover charges other than rent using a Notice to Perform Covenants or Quit. Question: My tenant is evading service… Read More

Tagged:

Question: I recently won an unlawful detainer case against a tenant, and a lockout by the sheriff has been scheduled. Now I get a notice that somebody I never heard of says that he is a tenant and entitled to a trial and that the lockout will not be going forward as scheduled? How can this be? Answer: It seems that your unknown tenant has filed a third-party claim. A landlord can protect himself from such tactics by serving, at the time of service of the unlawful detainer, all unknown occupants. Question: I own a unit that is rent-controlled. I… Read More

Tagged:

Question: The non-payment of rent notice I served on the tenant has expired. The tenant is now trying to pay the rent, but I do not want to accept payment and would like to return it. How can I return the payment? Answer: You can return the tenant’s payment by personal delivery or sending it by regular mail. You are not required to send it by certified mail.  It is important to return the payment as soon as possible. Question: I have an ongoing unlawful detainer against one of my tenants, but the person is continuing to create a disturbance… Read More

Tagged:

Question: One of my tenants vacated the property and left his roommate behind. Both signed the rental agreement, and now the tenant who vacated is demanding his share of the security deposit be returned to him. Is he right? What should I do? Answer: You are not required to return or account for the use of the security deposit until you regain possession of the property after the tenants have vacated. California requires the deposit be accounted for in writing and sent to the last known address of the tenants no later than 21 days following the return of possession… Read More

Tagged:

Question: We have a tenant who has been provoking other tenants, so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do?  Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the 30-day notice to expire. You… Read More

Tagged:

Question: I want to rent out our condominium (we are buying a new house), and I need to know how much I can charge for a security deposit. Can I also charge a cleaning, pet and key deposit? Answer: California law limits the amount of a residential security deposit to twice the amount of the monthly rent if unfurnished, or three times the amount of the monthly rent if the property is furnished. The legislature recognizes all deposits as a security notwithstanding how the parties are identifying it. All deposits, taken together, cannot exceed these limits. Question: The lease for… Read More

Tagged:

Question: I want to serve a three-day notice to pay rent or quit to a tenant who is very late on his rent. The rental amount listed on the lease is $875 plus $25 for parking. The tenant has paid the $900 for the past 24 months. Which amount should be placed on the notice? Answer: It is safer to serve a separate three-day notice to pay rent or quit, as well as a three-day to perform conditions and covenants or quit for the parking charge at the same time. If they do not pay either one, or both, you… Read More

Tagged: