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Question: One of our residents threw a wild New Year’s Eve party, causing disturbances to other residents. The police were called, but no arrests were made. They have also been consistently late in paying rent so we have decided to terminate their tenancy. What is the best way of doing this? Answer: If you are on a month-to-month agreement, you can serve the appropriate 30- or 60-day notice (60 if they have been in possession for one year or longer). If not, you would have to prove a breach of the lease or that the disturbances constituted a nuisance which… Read More

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Landlords know bedbugs are tough. Heck, they can survive in cracks and crevices for many months without a single blood meal. Turns out that bedbugs can seemingly shrug off seriously frigid conditions, too. Scientists found that the insects’ eggs can withstand temperatures cold as -13 degrees Fahrenheit, at least for a brief period, according to this article from HealthDay News. “Killing bedbugs in all their life stages requires a minimum of 48 hours at -4 degrees Fahrenheit or 80 hours at about 3 degrees Fahrenheit,” says the article, which quotes a study recently published in the Journal of Economic Entomology.… Read More

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Question: How long does an unlawful detainer judgment stay on the tenant’s record? Answer: As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10 percent per annum, and can be renewed for an additional 10 years. Question: I represent an owner of several buildings who has a few tenants that are past due on their rent. Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note… Read More

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The CAA Compliance Committee has created three new rental forms and revised more than a dozen existing forms and related instruction sheets. Amendments to forms followed changes in the law, members’ requests or both. All are accessible through our rental forms page. Summaries of the three new forms:  Form 20.0 Notice of New Owner/Agent. This form is designed to provide notice of where to pay rent and who the agent is for service of process when the property is sold or changes management. Failure to provide this information promptly can limit the owner’s ability to evict for non-payment of rent.… Read More

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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

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UPDATE: Reminder: Long-lasting-smoke-alarm law takes effect July 1 The state has loosened some of the deadlines associated with a smoke detector law going into effect next year. An article posted last week did not reflect these changes. At its core, the law still requires that a battery-powered smoke alarm have a non-replaceable, non-removable battery that will last for at least 10 years. Where it gets tricky is when the new types of smoke detectors must be installed. A previous article did not reflect some follow-up legislation that, in many cases, will delay this requirement until 2015. This change could prevent… Read More

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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

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Newer stories Reminder: Long-lasting-smoke-alarm law takes effect July 1 More time granted in smoke detector law Working detectors probably won’t need immediate replacement Under a law taking effect Jan. 1, 2014, you’ll need to install smoke detectors that can keep working on the same battery for 10 years or more. But chances are, you won’t have to do it yet. You only need to install the 10-year battery models when: A current detector isn’t working. Work is done to a unit requiring a permit – and when the value of the work totals $1,000 or more. In 2016, more requirements… Read More

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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

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In October, Gov. Jerry Brown signed AB 60, which provides for the issuance of drivers licenses to undocumented individuals and specifically prohibits discrimination against an individual because he or she holds or presents a license issued under the new law. Existing California law (Civil Code Section 1940.3) prohibits rental property owners and their agents from making inquiries about a tenant or applicant’s immigration and/or citizenship status.  These laws raise some questions about appropriate screening practices for undocumented applicants. When are the new licenses going to be available? AB 60 set a deadline of Jan. 1, 2015, however, the California Department… Read More

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